K. (H.) v. K. (S.)

K. (H.) v. K. (S.)

Judge held joint custody is in the best interests of the children with the mother as principal residence; father to have maximum contact under a detailed access regimen; respondent’s claim for spousal maintenance denied; matrimonial property divided 50/50 after specific set-offs and credits (H.K. given first option...

Source-derived case information.

Citation
2002 NSSF 44
Parties
Petitioner: H.K.; Respondent: S.K.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 October 2002
Procedural Posture
Family Law Divorce and Corollary Relief / Trial and Final Corollary Relief Judgment (written Decision)
Outcome
Final orders: joint custody with mother as principal residence; no spousal maintenance to respondent; property, pension and debt division with specified credits and options; child support ordered per Guideline; shared extracurricular costs and detailed access schedule.
Legal Topics
Custody, Access, Child Support, Spousal Maintenance, Division of Matrimonial Property, Pension Division, Valuation, Credit Offsets
Source Language
english
Family Law Divorce Custody and Access Child Support Spousal Support Property Division Pensions Custody +6 more

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Parties

H.K.

Petitioner

S.K.

Respondent

Procedural Posture

Family Law Divorce and Corollary Relief / Trial and Final Corollary Relief Judgment (written Decision)

Legal Issues

  1. 1 Whether joint custody or sole custody serves best interests of the children
  2. 2 Whether respondent is entitled to spousal maintenance
  3. 3 How matrimonial property and debts should be divided and which credits/offsets apply

Ratio Decidendi

Judge held joint custody is in the best interests of the children with the mother as principal residence; father to have maximum contact under a detailed access regimen; respondent’s claim for spousal maintenance denied; matrimonial property divided 50/50 after specific set-offs and credits (H.K. given first option on Main Street and awarded ability to purchase Beechwood equity subject to deductions and credits); pensions to be divided 50/50 for accrual between marriage and separation; child support to be paid by respondent pursuant to Guideline and extracurricular costs shared 50/50.

Court Disposition

Final orders: joint custody with mother as principal residence; no spousal maintenance to respondent; property, pension and debt division with specified credits and options; child support ordered per Guideline; shared extracurricular costs and detailed access schedule.

Orders

  • H.K. entitled to purchase equity in Beechwood; $1,000 difference split between parties; H.K. to assume mortgage and attempt removal of S.K.’s name
  • Credits to H.K. from Beechwood equity for amounts she deposited to Main Street account (identified in judgment as approx. $454, $425 and $387) and credit for R.R.S.P. loan payments and one-half of identified repairs ($300) and one-half of child support arrears ($2,826 total, one-half awarded)