L.G.P. v. J.R.H.

L.G.P. v. J.R.H.

Because L.G.P. had acknowledged the child, consented to a prior support order and did not appeal that order, he remains obligated to support N.R.H.; the existing support order is upheld, arrears of $2,827 are payable within 30 days and a further $500 arrear is payable within 60 days; retroactive childcare claim is dismissed except for 2003 which is to be shared on the parties' agreed income ratio; J.R.H. is entitled to share in L.G.P.'s pension for the entire continuous cohabitation period (1 November 1991 to 15 June 1997); specified personal property (PlayStation and games) must be returned to N.R.H.

Citation
2003 NSSF 22
Parties
Applicant/respondent: L.G.P.; Respondent/applicant: J.R.H.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
13 June 2003
Procedural Posture
Family Division Custody and Support Application / Final Decision (judgment Dated 2003 06 13)
Outcome
Application granted in part and dismissed in part; existing child support order upheld; sole custody awarded to J.R.H.; retroactive childcare claim mostly dismissed; pension entitlement to cohabitation period recognized.
Legal Topics
Step Parent Support, Consent Order, Childcare Expenses, Access/supervised Access, Retroactive Support, Pension Entitlement Period, Return of Personal Property
Source Language
English
Family Law Child Support Custody Property Division Pension Entitlement Step Parent Support Consent Order Childcare Expenses +4 more

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Parties

L.G.P.

Applicant/respondent

J.R.H.

Respondent/applicant

Procedural Posture

Family Division Custody and Support Application / Final Decision (judgment Dated 2003 06 13)

Legal Issues

  1. 1 Whether a step-parent is liable for child support absent appeal of a prior consent order
  2. 2 Designation of custody and whether access should be supervised
  3. 3 Calculation and enforcement of child support arrears and payment mechanics

Ratio Decidendi

Because L.G.P. had acknowledged the child, consented to a prior support order and did not appeal that order, he remains obligated to support N.R.H.; the existing support order is upheld, arrears of $2,827 are payable within 30 days and a further $500 arrear is payable within 60 days; retroactive childcare claim is dismissed except for 2003 which is to be shared on the parties' agreed income ratio; J.R.H. is entitled to share in L.G.P.'s pension for the entire continuous cohabitation period (1 November 1991 to 15 June 1997); specified personal property (PlayStation and games) must be returned to N.R.H.

Court Disposition

Application granted in part and dismissed in part; existing child support order upheld; sole custody awarded to J.R.H.; retroactive childcare claim mostly dismissed; pension entitlement to cohabitation period recognized.

Orders

  • Designation of sole custody to J.R.H.
  • No supervision of access to L.G.P. established as necessary by the court (mother failed to make case for supervised access)