Bennett v. Bennett

Bennett v. Bennett

The court declined to exercise its discretion to award retroactive support because the applicant’s unexplained and unreasonable delay undermined the need to disturb settled expectations and certainty, the respondent’s increased income was blameworthy but did not justify retroactivity given delay and potential windfall; the court imputed modest additional income to the father, applied s.9 set-off during shared parenting (Nov 2014–Apr 2015) and ordered prospective child support for the period May–Sep 2015 totaling $3,550, and refused authorization for administrative recalculation because the child would reach majority imminently.

Citation
2015 NSSC 395
Parties
Respondent Father: Peter Bennett; Applicant Mother: Brenda-Leigh Bennett
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 August 2015
Procedural Posture
Family Law Child Support Variation / Endorsement/decision on Variation Application
Outcome
Retroactive claim dismissed; prospective support ordered for May–September 2015; recalculation not authorized; shared parenting set-off maintained for Nov 2014–Apr 2015.
Legal Topics
Retroactive Child Support, Shared Parenting Set Off Under S.9, Income Imputation Under S.19(1), Child of the Marriage/status After Majority, Administrative Recalculation Authorization
Source Language
English
Family Law Child Support Administrative Law Retroactive Child Support Shared Parenting Set Off Under S.9 Income Imputation Under S.19(1) Child of the Marriage/status After Majority Administrative Recalculation Authorization

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Parties

Peter Bennett

Respondent Father

Brenda-Leigh Bennett

Applicant Mother

Procedural Posture

Family Law Child Support Variation / Endorsement/decision on Variation Application

Legal Issues

  1. 1 Whether to award retroactive child support
  2. 2 How to calculate child support during shared parenting (s.9 of Guidelines)
  3. 3 Whether to impute income for support purposes (s.19(1))

Ratio Decidendi

The court declined to exercise its discretion to award retroactive support because the applicant’s unexplained and unreasonable delay undermined the need to disturb settled expectations and certainty, the respondent’s increased income was blameworthy but did not justify retroactivity given delay and potential windfall; the court imputed modest additional income to the father, applied s.9 set-off during shared parenting (Nov 2014–Apr 2015) and ordered prospective child support for the period May–Sep 2015 totaling $3,550, and refused authorization for administrative recalculation because the child would reach majority imminently.

Court Disposition

Retroactive claim dismissed; prospective support ordered for May–September 2015; recalculation not authorized; shared parenting set-off maintained for Nov 2014–Apr 2015.

Orders

  • No child support owed by Peter Bennett to Brenda-Leigh Bennett for the period November 2014 to April 2015.
  • Peter Bennett shall immediately pay Brenda-Leigh Bennett child support of $3,550.00 for the period May 2015 to and including September 2015 (monthly $710.00).