Sh.M. v. S.M.

Sh.M. v. S.M.

The court found the child's best interests required remaining in Nova Scotia with shared joint custody approximating equal time; applied set-off under the Child Support Guidelines using incomes of $85,000 and $45,000 resulting in a net child support payment of $334/month from June 1, 2006 and a 65/35 split of section 7 expenses; awarded spousal support of $1,000/month for three years based on respondent's economic disadvantage from relocating and career loss; ordered equal division of matrimonial property with sale of the home, equal pension division, RRSP roll-over subject to adjustment for respondent's line of credit and directed petitioner to pay $6,000 toward that line of credit;...

Citation
2006 NSSC 171
Parties
Petitioner: Sh. M.; Respondent: S. M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 June 2006
Procedural Posture
Divorce / Final Judgment
Outcome
Divorce granted; final orders on custody, child support, spousal support and property division as set out below
Legal Topics
Mobility, Shared Parenting, Child Support Set Off and Guideline Calculation, Section 7 Expenses, Spousal Support Entitlement, Amount and Duration, Equal Division of Matrimonial Property, Sale of Matrimonial Home, Pension Division, RRSP Roll Over, Costs
Source Language
English
Family Law Divorce Child Support Spousal Support Matrimonial Property Custody and Access Mobility Shared Parenting +8 more

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Parties

Sh. M.

Petitioner

S. M.

Respondent

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether child should relocate to British Columbia (mobility)
  2. 2 Appropriate custody/parenting schedule (shared parenting implementation)
  3. 3 Calculation and payment of child support (set-off under s.9(a) of Guidelines)

Ratio Decidendi

The court found the child's best interests required remaining in Nova Scotia with shared joint custody approximating equal time; applied set-off under the Child Support Guidelines using incomes of $85,000 and $45,000 resulting in a net child support payment of $334/month from June 1, 2006 and a 65/35 split of section 7 expenses; awarded spousal support of $1,000/month for three years based on respondent's economic disadvantage from relocating and career loss; ordered equal division of matrimonial property with sale of the home, equal pension division, RRSP roll-over subject to adjustment for respondent's line of credit and directed petitioner to pay $6,000 toward that line of credit;...

Court Disposition

Divorce granted; final orders on custody, child support, spousal support and property division as set out below

Orders

  • Divorce granted on ground of one year separation
  • Parties awarded joint custody; shared parenting to approximate 50/50