S.R.C. v. D.C.

S.R.C. v. D.C.

Court found a change in circumstances (Respondent gainfully employed) giving jurisdiction to vary the order; determined Applicant's most current annual income at $44,585.14 and Respondent's at $25,072.37 using current evidence rather than averaging; applied the Child Support Guidelines and set a set-off due to shared parenting; ordered Applicant to pay $165.15 monthly child support for A. retroactive to April 1, 2013 through Maintenance Enforcement if enrolled and varied spousal support to $500 monthly indefinitely retroactive to April 1, 2013 with arrears due by December 15, 2013.

Citation
2013 NSFC 21
Parties
Applicant: S.R.C.; Respondent: D.C.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
30 October 2013
Procedural Posture
Application to Vary Maintenance and Custody Order Under the Maintenance and Custody Act / Decision on Application to Vary
Outcome
Application to vary granted in part and denied in part
Legal Topics
Variation of Court Ordered Separation Agreement, Determination of Annual Income for Support, Retroactive Support, Shared Parenting Set Off, Spousal Support Self Sufficiency, Application of Child Support Guidelines, Treatment of Corporate Dividends for Income Determination
Source Language
English
Family Law Child Support Spousal Support Maintenance and Custody Act Variation of Court Ordered Separation Agreement Determination of Annual Income for Support Retroactive Support Shared Parenting Set Off +3 more

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Parties

S.R.C.

Applicant

D.C.

Respondent

Procedural Posture

Application to Vary Maintenance and Custody Order Under the Maintenance and Custody Act / Decision on Application to Vary

Legal Issues

  1. 1 Whether there has been a change in circumstances to permit variation of the separation agreement
  2. 2 What annual income should be imputed to the Applicant and Respondent for child and spousal support purposes
  3. 3 Whether child support and spousal support payments should be varied or terminated and whether variation should be retroactive

Ratio Decidendi

Court found a change in circumstances (Respondent gainfully employed) giving jurisdiction to vary the order; determined Applicant's most current annual income at $44,585.14 and Respondent's at $25,072.37 using current evidence rather than averaging; applied the Child Support Guidelines and set a set-off due to shared parenting; ordered Applicant to pay $165.15 monthly child support for A. retroactive to April 1, 2013 through Maintenance Enforcement if enrolled and varied spousal support to $500 monthly indefinitely retroactive to April 1, 2013 with arrears due by December 15, 2013.

Court Disposition

Application to vary granted in part and denied in part

Orders

  • Applicant to pay $165.15 per month to Respondent for the support of child A., payable through the Director of Maintenance Enforcement if Respondent is enrolled, retroactive to April 1, 2013
  • If calculation results in Respondent having received extra child support, no recovery is ordered (extra funds benefited the child)