MacQueen v MacQueen

MacQueen v MacQueen

The court found that, on balance, the children were primarily in the mother's care for most years (2018, 2019, 2022-2025) with shared parenting in 2020 and 2021; the father's Line 15000 income did not always reflect funds available so the court attributed portions of the company's pre-tax profits to him for certain...

Source-derived case information.

Citation
2025 NSSC 366
Parties
Petitioner: Christopher MacQueen; Respondent: Sonja MacQueen
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 November 2025
Procedural Posture
Family Law Divorce and Child Support (supreme Court of Nova Scotia, Family Division) / Decision After Trial (written Decision Dated November 21, 2025)
Outcome
Divorce granted; historic child support ordered and prospective obligations fixed; mother designated continuing primary care parent; parties assigned responsibilities for Section 7 expenses and disclosure obligations.
Legal Topics
Primary Care Vs Shared Parenting (40% Threshold), Imputing Corporate Pre Tax Profit to Personal Income (s.18 Guidelines), Retroactive Support (dbs Factors), Section 7 Special/extraordinary Expenses Allocation, Maintenance Enforcement, Credibility and Inference in Fact Finding
Source Language
english
Family Law Divorce Child Support Corporate Attribution of Income Parenting/child Custody Primary Care Vs Shared Parenting (40% Threshold) Imputing Corporate Pre Tax Profit to Personal Income (s.18 Guidelines) Retroactive Support (dbs Factors) +3 more

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Parties

Christopher MacQueen

Petitioner

Sonja MacQueen

Respondent

Procedural Posture

Family Law Divorce and Child Support (supreme Court of Nova Scotia, Family Division) / Decision After Trial (written Decision Dated November 21, 2025)

Legal Issues

  1. 1 Whether historic parenting arrangement constituted shared parenting or primary care in each year 2018-2025
  2. 2 Whether and to what extent the husband's corporation's pre-tax profit should be attributed to his personal income for child support (s.18 of Federal Child Support Guidelines)
  3. 3 Whether retroactive child support to 2018 should be ordered (application of DBS v SRG factors)

Ratio Decidendi

The court found that, on balance, the children were primarily in the mother's care for most years (2018, 2019, 2022-2025) with shared parenting in 2020 and 2021; the father's Line 15000 income did not always reflect funds available so the court attributed portions of the company's pre-tax profits to him for certain years under s.18; retroactive child support to October 7, 2018 through 2025 was appropriate; historic unpaid child support owed by the father net of amounts owing from the mother totaled $169,668.47, payable within 90 days; prospective child support was fixed at $3,515 per month and parties to contribute 60%/40% to special expenses respectively.

Court Disposition

Divorce granted; historic child support ordered and prospective obligations fixed; mother designated continuing primary care parent; parties assigned responsibilities for Section 7 expenses and disclosure obligations.

Orders

  • Divorce granted.
  • Within 90 days of decision Mr. Christopher MacQueen shall pay Ms. Sonja MacQueen historic child support of $169,668.47.