J.A.M. v. S.A.J.

J.A.M. v. S.A.J.

D remained a child of the marriage until his nineteenth birthday because he had not withdrawn from parental charge; Mr. J failed to prove undue hardship under s.10; therefore K's support from July 2013 to Jan 2014 is determined under s.8 set‑off yielding Ms. M owing $93/month (total $651) to Mr. J, payable by Jan 31, 2014, and from Feb 1, 2014 Mr. J pays Ms. M $384/month; custody variation to joint custody for K denied for lack of evidence of changed circumstances.

Citation
2014 NSSC 2
Parties
Petitioner: J.A.M.; Respondent: S.A.J.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 January 2014
Procedural Posture
Divorce Act Child Support and Custody Variation / Decision (application Hearing)
Outcome
Application granted in part and dismissed in part: child support recalculated with set‑off; undue hardship application dismissed; custody variation denied.
Legal Topics
Variation of Child Support, Child of the Marriage, Undue Hardship, Set‑off Under Section 8, Best Interests of the Child, Variation of Custody
Source Language
English
Family Law Child Support Custody Divorce Act Variation of Child Support Child of the Marriage Undue Hardship Set‑off Under Section 8 +2 more

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Parties

J.A.M.

Petitioner

S.A.J.

Respondent

Procedural Posture

Divorce Act Child Support and Custody Variation / Decision (application Hearing)

Legal Issues

  1. 1 Whether D is a child of the marriage for child support purposes
  2. 2 Whether there has been a change in circumstances permitting variation of child support and custody under the Divorce Act and Guidelines
  3. 3 Whether the payor (Mr. J) established undue hardship under s.10 of the Federal Child Support Guidelines

Ratio Decidendi

D remained a child of the marriage until his nineteenth birthday because he had not withdrawn from parental charge; Mr. J failed to prove undue hardship under s.10; therefore K's support from July 2013 to Jan 2014 is determined under s.8 set‑off yielding Ms. M owing $93/month (total $651) to Mr. J, payable by Jan 31, 2014, and from Feb 1, 2014 Mr. J pays Ms. M $384/month; custody variation to joint custody for K denied for lack of evidence of changed circumstances.

Court Disposition

Application granted in part and dismissed in part: child support recalculated with set‑off; undue hardship application dismissed; custody variation denied.

Orders

  • Ms. M shall pay Mr. J $93.00 per month for July 2013 through January 2014 (total $651.00) and shall pay $651.00 to Mr. J by January 31, 2014.
  • Starting February 1, 2014 Mr. J shall pay Ms. M monthly child support of $384.00 for K.