Burns v. Barrett

Burns v. Barrett

Court awarded retroactive child support effective January 1, 2008 because applicant had a reasonable excuse for delay (non-disclosure and serious emotional distress), respondent engaged in blameworthy conduct by failing to disclose income as required, the children suffered hardship, access costs were insufficient to justify the lower table amount, and the payor would not suffer undue hardship; retroactive amount $4,836 payable in lump sum by February 15, 2011 and prospective support $958/month from January 1, 2011.

Citation
2011 NSSC 9
Parties
Applicant (self Represented): Debbie (Barrett) Burns; Respondent (self Represented): Darren Barrett
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 January 2011
Procedural Posture
Family Law Child Support Variation / Decision on Variation Application (final)
Outcome
Retroactive child support award granted and prospective child support ordered; costs awarded to applicant for failure to disclose.
Legal Topics
Retroactive Variation, Child Support Calculation, Access Costs, Financial Disclosure, Costs for Non Disclosure
Source Language
English
Family Law Child Support Divorce Act Domestic Relations Retroactive Variation Child Support Calculation Access Costs Financial Disclosure +1 more

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Parties

Debbie (Barrett) Burns

Applicant (self Represented)

Darren Barrett

Respondent (self Represented)

Procedural Posture

Family Law Child Support Variation / Decision on Variation Application (final)

Legal Issues

  1. 1 Whether court may order retroactive variation for an adult child (Jacquelyn)
  2. 2 Whether retroactive child support should be awarded for dependent children
  3. 3 Appropriate effective date for any retroactive award

Ratio Decidendi

Court awarded retroactive child support effective January 1, 2008 because applicant had a reasonable excuse for delay (non-disclosure and serious emotional distress), respondent engaged in blameworthy conduct by failing to disclose income as required, the children suffered hardship, access costs were insufficient to justify the lower table amount, and the payor would not suffer undue hardship; retroactive amount $4,836 payable in lump sum by February 15, 2011 and prospective support $958/month from January 1, 2011.

Court Disposition

Retroactive child support award granted and prospective child support ordered; costs awarded to applicant for failure to disclose.

Orders

  • Retroactive child support in the amount of 4,836 CAD payable by Darren Barrett to Debbie Burns in a lump sum on or before February 15, 2011.
  • Prospective child support of 958 CAD per month payable by Darren Barrett to Debbie Burns effective January 1, 2011 and due on the first day of each month thereafter unless varied by a court of competent jurisdiction.