Power v. Power

Power v. Power

The court found Mr. Power not credible and entitled to imputation of income (grossed up by 40% based on lack of reliable disclosure), determined imputed annual incomes for 2007-2012, found a material change of circumstances and blameworthy conduct justifying retroactive child support back to 2007, and awarded retroactive child support totaling $171,786 payable in full within 90 days with ongoing payments to continue based on 2012 income pending 2013 determination.

Citation
2013 NSSC 99
Parties
Petitioner/respondent: Joseph Patrick Power; Respondent/applicant: Angela Rose Power
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 March 2013
Procedural Posture
Application to Vary Child Support Under the Divorce Act / Decision Following Hearing (feb 25, 2013)
Outcome
Application to vary child support granted; retroactive child support awarded
Legal Topics
Retroactive Child Support, Imputation of Income, Disclosure Obligations, Credibility of Evidence
Source Language
English
Family Law Child Support Divorce Act Retroactive Child Support Imputation of Income Disclosure Obligations Credibility of Evidence

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Parties

Joseph Patrick Power

Petitioner/respondent

Angela Rose Power

Respondent/applicant

Procedural Posture

Application to Vary Child Support Under the Divorce Act / Decision Following Hearing (feb 25, 2013)

Legal Issues

  1. 1 What is the payor's income for child support purposes for 2007-2012?
  2. 2 Whether retroactive child support should be awarded and the appropriate period and quantum

Ratio Decidendi

The court found Mr. Power not credible and entitled to imputation of income (grossed up by 40% based on lack of reliable disclosure), determined imputed annual incomes for 2007-2012, found a material change of circumstances and blameworthy conduct justifying retroactive child support back to 2007, and awarded retroactive child support totaling $171,786 payable in full within 90 days with ongoing payments to continue based on 2012 income pending 2013 determination.

Court Disposition

Application to vary child support granted; retroactive child support awarded

Orders

  • Respondent to pay Applicant retroactive child support in the amount of $171,786.00 within 90 days
  • Respondent to continue to pay child support based on his 2012 income until 2013 income is determined