Somers-Dilny v. Dilny

Somers-Dilny v. Dilny

Child ceased to be a dependent on December 31, 2021; material changes (child's withdrawal from parental charge and respondent's increased income) justify variation; payor's reported business deductions were adjusted for CCA and personal vehicle/utilities; spousal support remains payable on compensatory and...

Source-derived case information.

Citation
2024 NSSC 382
Parties
Petitioner: Shirley Somers-Dilny; Respondent: Stephen Dilny
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 December 2024
Procedural Posture
Family Divorce and Support Variation / Final Decision (hearing Held; Written Release)
Outcome
Divorce granted; application to terminate spousal support dismissed; variation granting increased spousal support granted; child support adjusted and certain arrears forgiven; specified payment schedules ordered.
Legal Topics
Variation of Support, Retroactive Support, Imputation of Income, Dependent Child Status, Disability and Support
Source Language
english
Family Law Divorce Child Support Spousal Support Matrimonial Property Variation of Support Retroactive Support Imputation of Income +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Shirley Somers-Dilny

Petitioner

Stephen Dilny

Respondent

Procedural Posture

Family Divorce and Support Variation / Final Decision (hearing Held; Written Release)

Legal Issues

  1. 1 Whether divorce should be granted
  2. 2 Whether material change in circumstances occurred for variation
  3. 3 Appropriate child support termination date and arrears

Ratio Decidendi

Child ceased to be a dependent on December 31, 2021; material changes (child's withdrawal from parental charge and respondent's increased income) justify variation; payor's reported business deductions were adjusted for CCA and personal vehicle/utilities; spousal support remains payable on compensatory and non-compensatory grounds and is set at $3,500/month effective January 1, 2022 with no set termination date; arrears scheduling ordered.

Court Disposition

Divorce granted; application to terminate spousal support dismissed; variation granting increased spousal support granted; child support adjusted and certain arrears forgiven; specified payment schedules ordered.

Orders

  • Divorce granted and requested name change ordered
  • Holding Order issued March 17, 2022 vacated