Rideout v. Woodman

Rideout v. Woodman

An unfinalized adoption consent does not terminate child support; income was imputed to the payor at $21,600 for 2005, 2013 and 2014 and at assessed actual or imputed levels for other years as detailed; retroactive adjustments are granted resulting in total arrears per the court table of $31,678 with remission for specified years and collection at $50/month; ongoing child support set on an annual income of $29,500 ($431/month); s.7 orthodontic expenses awarded in the total prorata amount of $1,486 payable at $50/month; cheerleading expenses denied.

Citation
2016 NSSC 205
Parties
Applicant (former Spouse, Payor): Kyle Rideout; Respondent (former Spouse, Custodial Parent): Rachel Woodman
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 August 2016
Procedural Posture
Family Law Child Support Variation / Judgment on Variation Applications (decision)
Outcome
Variation applications granted in part.
Legal Topics
Retroactive Child Support, Imputation of Income, Adoption and Parental Obligation, Section 7 Expenses, Variation of Child Support Order, Arrears Remission and Collection
Source Language
English
Family Law Child Support Adoption Law Maintenance Enforcement Income Imputation Extraordinary Expenses (s.7) Retroactive Child Support Imputation of Income +4 more

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Parties

Kyle Rideout

Applicant (former Spouse, Payor)

Rachel Woodman

Respondent (former Spouse, Custodial Parent)

Procedural Posture

Family Law Child Support Variation / Judgment on Variation Applications (decision)

Legal Issues

  1. 1 Effect of proposed adoption on child support obligation
  2. 2 Whether material change in circumstances occurred since 2005 order
  3. 3 Whether income should be imputed to payor for specific years

Ratio Decidendi

An unfinalized adoption consent does not terminate child support; income was imputed to the payor at $21,600 for 2005, 2013 and 2014 and at assessed actual or imputed levels for other years as detailed; retroactive adjustments are granted resulting in total arrears per the court table of $31,678 with remission for specified years and collection at $50/month; ongoing child support set on an annual income of $29,500 ($431/month); s.7 orthodontic expenses awarded in the total prorata amount of $1,486 payable at $50/month; cheerleading expenses denied.

Court Disposition

Variation applications granted in part.

Orders

  • Ongoing child support fixed on an annual income of CAD 29,500 at CAD 431 per month.
  • Maintenance Enforcement Program to recalculate retroactive maintenance/arrears based on the court table (para 45) less payments received and collect outstanding retroactive maintenance/arrears at CAD 50 per month.