S.J. v. S.P.

S.J. v. S.P.

The court recalculated arrears by applying the original April 29, 1999 order to the parties' actual reported incomes, fixed the arrears at $14,129.49 (corrected), approved a consensual reduction of ongoing monthly support to $8 commencing November 1, 2007, and placed a moratorium on collection of arrears pending any...

Source-derived case information.

Citation
2008 NSSC 104
Parties
Applicant: S. J.; Respondent: S. P.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 April 2008
Procedural Posture
Supreme Court of Nova Scotia (family Division) Child Support Variation Application / Application to Vary Prior April 29, 1999 Order; Final Decision
Outcome
Application granted in part: variation of ongoing support accepted; arrears recalculated and fixed; moratorium on enforcement imposed subject to disclosure obligations.
Legal Topics
Variation of Support Order, Arrears Calculation, Moratorium on Arrears, Income Assessment, Section 7 Childcare Expenses
Source Language
english
Family Law Child Support Maintenance Enforcement Disability Benefits Variation of Support Order Arrears Calculation Moratorium on Arrears Income Assessment +1 more

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Parties

S. J.

Applicant

S. P.

Respondent

Procedural Posture

Supreme Court of Nova Scotia (family Division) Child Support Variation Application / Application to Vary Prior April 29, 1999 Order; Final Decision

Legal Issues

  1. 1 Whether to vary child support payments based on decreased income and incapacity
  2. 2 Whether arrears should be forgiven or a moratorium imposed
  3. 3 How to calculate arrears: original table amount vs actual income

Ratio Decidendi

The court recalculated arrears by applying the original April 29, 1999 order to the parties' actual reported incomes, fixed the arrears at $14,129.49 (corrected), approved a consensual reduction of ongoing monthly support to $8 commencing November 1, 2007, and placed a moratorium on collection of arrears pending any change in the father's financial circumstances while imposing continuing disclosure obligations on the father.

Court Disposition

Application granted in part: variation of ongoing support accepted; arrears recalculated and fixed; moratorium on enforcement imposed subject to disclosure obligations.

Orders

  • Ongoing child support reduced to $8 per month payable on the first of each month commencing November 1, 2007 and continuing thereafter.
  • Arrears recalculated and fixed at $14,129.49 CAD based on the court's reevaluation of the April 29, 1999 order using actual incomes (corrected figure).