Smith v. Smith

Smith v. Smith

Divorce is granted; custody and access as agreed by the parties are approved; child support fixed at the Federal Guideline level of $761 per month based on a assessed income of $34,000 per annum with an identified technical arrear of $1,732 which, in the context of an unequal property division (home to Mrs. Smith,...

Source-derived case information.

Citation
2001 NSSC 5
Parties
Petitioner: Maureen Katherine Smith; Respondent: Robert Douglas Smith
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 January 2001
Procedural Posture
Divorce With Corollary Relief (family Law) / Oral Decision / Divorce Judgment and Corollary Relief Directed
Outcome
Divorce granted; corollary relief directed allocating custody/access by agreement, child support fixed and property divided with matrimonial home awarded to petitioner and unequal division in petitioner's favour
Legal Topics
Custody, Access, Child Support, Division of Matrimonial Property, Pay Equity Payments, Unequal Division, Life Insurance, Pension Entitlement
Source Language
english
Family Law Matrimonial Property Child Support Pensions Insurance/benefits Custody Access Division of Matrimonial Property +4 more

Source-derived case record

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Parties

Maureen Katherine Smith

Petitioner

Robert Douglas Smith

Respondent

Procedural Posture

Divorce With Corollary Relief (family Law) / Oral Decision / Divorce Judgment and Corollary Relief Directed

Legal Issues

  1. 1 Whether jurisdictional requirements for Divorce Act are met
  2. 2 Appropriate custody and access arrangements
  3. 3 Calculation of child support and arrears under Federal Guidelines

Ratio Decidendi

Divorce is granted; custody and access as agreed by the parties are approved; child support fixed at the Federal Guideline level of $761 per month based on a assessed income of $34,000 per annum with an identified technical arrear of $1,732 which, in the context of an unequal property division (home to Mrs. Smith, Mr. Smith retaining pension), is effectively waived as part of a complete wash‑out of other assets; pay equity payments are matrimonial to the extent earned during cohabitation but tax consequences and after‑acquired portions reduce the marital share; life insurance and employment benefits that are available are to be maintained for the children; the matrimonial home is awarded...

Court Disposition

Divorce granted; corollary relief directed allocating custody/access by agreement, child support fixed and property divided with matrimonial home awarded to petitioner and unequal division in petitioner's favour

Orders

  • Divorce Judgment to be issued as of the date of decision
  • Custody and access to follow parties' agreement (as approved by the court)