D.E.v. F.C.

D.E.v. F.C.

The court accepted CRA Line 150 income evidence, imputed the father's incomes (2013 $63,430; 2014 $52,570.27) and ordered retroactive variation effective January 1, 2013. Basic child support was set at $536/month for 2013 and $441/month for 2014 with ongoing $441/month from January 1, 2015. Most section 7 claims were dismissed for lack of evidence except the 2014 BMX camp expense for which the court fixed a net expense of $3,493 and ordered the father to pay his 75% share of $2,620 within three months. The court drew adverse inference for disclosure failures, ordered registration with the MEP effective January 1, 2013, required the father to provide proof of payments to MEP within 30...

Citation
2015 NSFC 2
Parties
Applicant (mother): D.E.; Respondent (father): F.C.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
15 May 2015
Procedural Posture
Maintenance and Custody Act Variation (child Support) / Child Maintenance Guidelines / Decision Following Contested Hearing (final)
Outcome
Application granted in part and dismissed in part; retroactive variation of basic child support granted effective January 1, 2013; limited section 7 award for 2014 BMX camp; costs awarded to mother
Legal Topics
Retroactive Variation, Income Imputation, Section 7 Special or Extraordinary Expenses, Disclosure Non Compliance and Adverse Inference, Costs Award, Jurisdiction and Enforcement (mep)
Source Language
English
Family Law Child Support Interjurisdictional Support Maintenance Enforcement Retroactive Variation Income Imputation Section 7 Special or Extraordinary Expenses Disclosure Non Compliance and Adverse Inference +2 more

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Parties

D.E.

Applicant (mother)

F.C.

Respondent (father)

Procedural Posture

Maintenance and Custody Act Variation (child Support) / Child Maintenance Guidelines / Decision Following Contested Hearing (final)

Legal Issues

  1. 1 Whether father’s child support should be varied retroactively and effective date of variation
  2. 2 What income to use for basic support and whether to impute or average income
  3. 3 Whether special expenses under section 7 should be awarded and in what amount

Ratio Decidendi

The court accepted CRA Line 150 income evidence, imputed the father's incomes (2013 $63,430; 2014 $52,570.27) and ordered retroactive variation effective January 1, 2013. Basic child support was set at $536/month for 2013 and $441/month for 2014 with ongoing $441/month from January 1, 2015. Most section 7 claims were dismissed for lack of evidence except the 2014 BMX camp expense for which the court fixed a net expense of $3,493 and ordered the father to pay his 75% share of $2,620 within three months. The court drew adverse inference for disclosure failures, ordered registration with the MEP effective January 1, 2013, required the father to provide proof of payments to MEP within 30...

Court Disposition

Application granted in part and dismissed in part; retroactive variation of basic child support granted effective January 1, 2013; limited section 7 award for 2014 BMX camp; costs awarded to mother

Orders

  • Retroactive variation of basic child support effective January 1, 2013
  • Basic support fixed at $536 per month for 2013 and $441 per month for 2014; ongoing basic support set at $441 per month effective January 1, 2015 until further order