Leet v. Beach

Leet v. Beach

The court enforced the parties' 2008 agreement for the period to December 31, 2009 and found no arrears for that period if the agreement was honoured; RRSP withdrawals in 2007 and 2009 and the 2009 capital gains were non‑recurring and excluded from the father's guideline income for that period; the mother's income was imputed to $22,500 for the year ending June 30, 2011; the father’s table obligation will be at least the table amount based on employment income and the question whether 2010‑2012 capital gains are includable and whether the tables apply to amounts over $150,000 was reserved and adjourned for determination after final 2010 income information is filed.

Citation
2010 NSSC 433
Parties
Applicant (father): Sean Michael Leet; Respondent (mother): Miriam Jayne Beach
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 November 2010
Procedural Posture
Family Child Support Variation / Judgment on Variation Application (decision; Further Issues Adjourned)
Outcome
Partial relief and reservation: 2008 agreement enforced through Dec 31, 2009 with RRSP and 2009 capital gains excluded for that period; mother's income imputed to $22,500 for year ending June 30, 2011; further determination of inclusion of 2010‑2012 capital gains and application of s.4/s.17 adjourned pending final...
Legal Topics
Retroactive Child Support, Imputation of Income, RRSP Withdrawals, Capital Gains, Child Support Guidelines Interpretation, Special Expenses
Source Language
English
Family Law Child Support Income Tax/income Determination Retroactive Child Support Imputation of Income RRSP Withdrawals Capital Gains Child Support Guidelines Interpretation +1 more

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Parties

Sean Michael Leet

Applicant (father)

Miriam Jayne Beach

Respondent (mother)

Procedural Posture

Family Child Support Variation / Judgment on Variation Application (decision; Further Issues Adjourned)

Legal Issues

  1. 1 Whether retroactive child support is payable
  2. 2 What constitutes each party's income for child support purposes
  3. 3 Whether RRSP withdrawals and capital gains are to be included as income

Ratio Decidendi

The court enforced the parties' 2008 agreement for the period to December 31, 2009 and found no arrears for that period if the agreement was honoured; RRSP withdrawals in 2007 and 2009 and the 2009 capital gains were non‑recurring and excluded from the father's guideline income for that period; the mother's income was imputed to $22,500 for the year ending June 30, 2011; the father’s table obligation will be at least the table amount based on employment income and the question whether 2010‑2012 capital gains are includable and whether the tables apply to amounts over $150,000 was reserved and adjourned for determination after final 2010 income information is filed.

Court Disposition

Partial relief and reservation: 2008 agreement enforced through Dec 31, 2009 with RRSP and 2009 capital gains excluded for that period; mother's income imputed to $22,500 for year ending June 30, 2011; further determination of inclusion of 2010‑2012 capital gains and application of s.4/s.17 adjourned pending final...

Orders

  • The parties' 2008 child support agreement governs the period ending December 31, 2009; no arrears payable for that period unless terms of the agreement were not met
  • Exclude father's RRSP withdrawals in 2007 and 2009 and father's 2009 capital gains from guideline income for child support purposes for the periods assessed