Gilbert v. Gilbert

Gilbert v. Gilbert

The father did not meet the 40% shared custody threshold (short by 102 hours), did not establish undue hardship under the Guidelines, and was not required to contribute to past special/extraordinary expenses; the court found incomes of $47,923 (father) and $57,300 (mother) and varied the father's ongoing child support to $653.00 per month effective July 1, 2004 in accordance with the Guidelines.

Citation
2004 NSSF 47
Parties
Applicant/respondent: Clyde Melvin Gilbert; Respondent/applicant: Sarah Marie Gilbert
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 May 2004
Procedural Posture
Divorce Act Variation (child Support) / Decision (variation Application Hearing)
Outcome
Father's application for shared custody and undue hardship dismissed; mother's claim for contribution to prior special expenses dismissed; father's child support obligation varied to $653.00 per month commencing July 1, 2004.
Legal Topics
Shared Custody, Undue Hardship, Special or Extraordinary Expenses, Variation of Corollary Relief Judgment, Federal Child Support Guidelines
Source Language
English
Family Law Child Support Divorce Shared Custody Undue Hardship Special or Extraordinary Expenses Variation of Corollary Relief Judgment Federal Child Support Guidelines

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Parties

Clyde Melvin Gilbert

Applicant/respondent

Sarah Marie Gilbert

Respondent/applicant

Procedural Posture

Divorce Act Variation (child Support) / Decision (variation Application Hearing)

Legal Issues

  1. 1 Whether the father shares custody under s.9 of the Federal Child Support Guidelines (40% threshold)
  2. 2 Whether the father established undue hardship under s.10 of the Guidelines
  3. 3 Whether the father must contribute to previously incurred special or extraordinary expenses under s.7

Ratio Decidendi

The father did not meet the 40% shared custody threshold (short by 102 hours), did not establish undue hardship under the Guidelines, and was not required to contribute to past special/extraordinary expenses; the court found incomes of $47,923 (father) and $57,300 (mother) and varied the father's ongoing child support to $653.00 per month effective July 1, 2004 in accordance with the Guidelines.

Court Disposition

Father's application for shared custody and undue hardship dismissed; mother's claim for contribution to prior special expenses dismissed; father's child support obligation varied to $653.00 per month commencing July 1, 2004.

Orders

  • Application by Clyde Gilbert to establish shared custody under s.9 dismissed.
  • Application by Clyde Gilbert for undue hardship under s.10 denied.