Baker v. Baker

Baker v. Baker

Applicant failed to show cause to reduce or cancel arrears; court entered judgment enforcing full arrears with interest, imposed security and a payment regime, ordered six months' imprisonment unless $70,000 CAD paid, and varied prospective support to spousal support only at $620 CAD per month (grossed for tax) from May 2003; children no longer entitled to support.

Citation
2003 NSSC 203
Parties
Applicant/petitioner: Robert Stanford Baker; Respondent: Sandra Ann MacDonald (Baker)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 September 2003
Procedural Posture
Family Law Divorce and Support Variation / Application to Vary Decree Nisi; Hearing and Decision
Outcome
Application to vary granted in part and denied in part: variation granted to convert combined award to spousal support only and set quantum; application to reduce or cancel arrears denied.
Legal Topics
Variation of Support Order, Arrears Enforcement, Retroactive Variation, Maintenance Enforcement, Asset Dissipation and Judgment‑proofing, Security for Arrears, Incarceration for Wilful Non‑payment, Disclosure of Assets
Source Language
English
Family Law Divorce Spousal Support Enforcement Contempt/committal Variation of Support Order Arrears Enforcement Retroactive Variation +5 more

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Parties

Robert Stanford Baker

Applicant/petitioner

Sandra Ann MacDonald (Baker)

Respondent

Procedural Posture

Family Law Divorce and Support Variation / Application to Vary Decree Nisi; Hearing and Decision

Legal Issues

  1. 1 Whether arrears should be cancelled or reduced
  2. 2 Whether spousal support should be terminated or varied in quantum and duration
  3. 3 Whether payor wilfully avoided obligations and had the ability to pay

Ratio Decidendi

Applicant failed to show cause to reduce or cancel arrears; court entered judgment enforcing full arrears with interest, imposed security and a payment regime, ordered six months' imprisonment unless $70,000 CAD paid, and varied prospective support to spousal support only at $620 CAD per month (grossed for tax) from May 2003; children no longer entitled to support.

Court Disposition

Application to vary granted in part and denied in part: variation granted to convert combined award to spousal support only and set quantum; application to reduce or cancel arrears denied.

Orders

  • Existing judgment of February 1985 for arrears of $43,000.00 remains and Interest on Judgments Act applies
  • Arrears from March 1985 to March 2003 fixed and payable at $130,200.00 CAD with prejudgment interest at 5% to date of decision