Smith v. Selig

Smith v. Selig

The court fixed retroactive maintenance arrears for Nov 1, 2003 to Jan 31, 2007 at $2,330.22 (by agreement), calculated educational expenses net at $59,055.38 with Mr. Smith's share $43,405.70 and allowable deductions totaling $49,669.00 leaving no arrears for educational expenses; the court refused Mr. Smith's...

Source-derived case information.

Citation
2007 NSSC 227
Parties
Applicant/respondent: Gary W. Smith; Respondent/petitioner: Bertha Selig
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 June 2007
Procedural Posture
Family Law Post Judgment Application Regarding Maintenance and Educational Expenses / Decision on Arrears, Allocation of Educational Expenses and Costs (oral Decision)
Outcome
Arrears of maintenance fixed at $2,330.22; no educational expense arrears owing by Mr. Smith after allowable deductions; reimbursement claim by Mr. Smith denied; each party to bear their own costs.
Legal Topics
Retroactive Maintenance, Arrears Calculation, Allocation of Educational Expenses, Deductions From Parental Contribution, Costs
Source Language
english
Family Law Child Support Maintenance Education Expenses Retroactive Maintenance Arrears Calculation Allocation of Educational Expenses Deductions From Parental Contribution +1 more

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Parties

Gary W. Smith

Applicant/respondent

Bertha Selig

Respondent/petitioner

Procedural Posture

Family Law Post Judgment Application Regarding Maintenance and Educational Expenses / Decision on Arrears, Allocation of Educational Expenses and Costs (oral Decision)

Legal Issues

  1. 1 Determination of arrears of retroactive maintenance for a child for Nov 1, 2003 to Jan 31, 2007
  2. 2 Calculation and apportionment of child's educational expenses and allowable deductions for Sept–Oct 2003
  3. 3 Whether Mr. Smith is entitled to reimbursement for alleged overpayments under prior order

Ratio Decidendi

The court fixed retroactive maintenance arrears for Nov 1, 2003 to Jan 31, 2007 at $2,330.22 (by agreement), calculated educational expenses net at $59,055.38 with Mr. Smith's share $43,405.70 and allowable deductions totaling $49,669.00 leaving no arrears for educational expenses; the court refused Mr. Smith's claim to reduce retroactive maintenance by his alleged overpayments because that alleged overpayment only arises after the allowed deductions; each party bears their own costs.

Court Disposition

Arrears of maintenance fixed at $2,330.22; no educational expense arrears owing by Mr. Smith after allowable deductions; reimbursement claim by Mr. Smith denied; each party to bear their own costs.

Orders

  • Arrears of maintenance for Ashley for period Nov 1, 2003 to Jan 31, 2007 are fixed at $2,330.22.
  • Educational expenses for Sept 2003 to Jan 31, 2007 are adjusted to $59,055.38; Mr. Smith's share calculated at $43,405.70 with deductions totalling $49,669.00 resulting in no additional payment required by Mr. Smith for educational expenses.