Major v. Shupe

Major v. Shupe

Court may incorporate the Parenting and Support Act on its own motion in the interests of justice; Applicant failed to prove a 40% shared parenting regime so Contino s.9 adjustments are not warranted; CERB and the 2022 RRSP withdrawal are included in income for guideline calculations absent satisfactory justification to exclude; arrears recalculated on actual income and fixed at $108,961.76 to February 28, 2026 and are enforceable with limited repayment terms and mandatory disclosure going forward.

Citation
2026 NSSC 86
Parties
Applicant/father: Keith Major; Respondent/mother: Natalie Shupe
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 March 2026
Procedural Posture
Family Child Support and Maintenance Enforcement / Hearing and Decision (trial on Merits)
Outcome
Court recalculated child support and arrears, denied Applicant's claim of shared parenting for s.9 purposes, included CERB and RRSP in income, fixed net arrears and ordered ongoing support and disclosure obligations; arrears are enforceable subject to limited repayment terms and negotiation period.
Legal Topics
Shared Parenting, Retroactive Child Support, Section 7 Expenses, Arrears Calculation and Enforcement, Income Inclusion (cerb, RRSP, WCB Gross Up), Variation of Support, Disclosure Obligations, Post Secondary Support
Source Language
English
Family Law Child Support Maintenance Enforcement Parenting and Support Act Interpretation Income Attribution/calculation Shared Parenting Retroactive Child Support Section 7 Expenses +5 more

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Parties

Keith Major

Applicant/father

Natalie Shupe

Respondent/mother

Procedural Posture

Family Child Support and Maintenance Enforcement / Hearing and Decision (trial on Merits)

Legal Issues

  1. 1 Court authority to invoke the Parenting and Support Act on its own motion
  2. 2 Whether a shared parenting arrangement existed and its temporal scope and effect on support
  3. 3 Whether to include or exclude RRSP withdrawals and CERB in income for guideline calculations

Ratio Decidendi

Court may incorporate the Parenting and Support Act on its own motion in the interests of justice; Applicant failed to prove a 40% shared parenting regime so Contino s.9 adjustments are not warranted; CERB and the 2022 RRSP withdrawal are included in income for guideline calculations absent satisfactory justification to exclude; arrears recalculated on actual income and fixed at $108,961.76 to February 28, 2026 and are enforceable with limited repayment terms and mandatory disclosure going forward.

Court Disposition

Court recalculated child support and arrears, denied Applicant's claim of shared parenting for s.9 purposes, included CERB and RRSP in income, fixed net arrears and ordered ongoing support and disclosure obligations; arrears are enforceable subject to limited repayment terms and negotiation period.

Orders

  • Arrears recalculated and fixed at CAD 108,961.76 as of February 28, 2026 (to be updated to March 2026 as required).
  • Applicant to pay ongoing child support of CAD 933.00 per month beginning March 15, 2026, payable on the 15th of each month through Maintenance Enforcement.