MacPherson v. MacPherson

MacPherson v. MacPherson

Husband's income for child support is his reported line 150 income for 2013-2015 because per diem and reimbursement payments were compensatory of job duties and not income; Wife is entitled to indefinite spousal support under the needs-based model and to Section 7 cost sharing for reasonable and necessary extraordinary expenses; matrimonial property, including funds from the wife's great-uncle, is matrimonial in nature absent clear contrary documentation and must be equally divided; the Husband's interim payments are credited and detailed retroactive calculations netted to a lump sum award to the Wife rather than further reciprocal payments; requests to gross up the Wife's receipts and...

Citation
2015 NSSC 294
Parties
Petitioner: Darlene MacPherson; Respondent: Todd MacPherson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 October 2015
Procedural Posture
Divorce (family Division) / Trial Judgment (final Decision)
Outcome
Divorce granted; joint custody with Wife as primary caregiver; child support and spousal support ordered; equal division of matrimonial property with adjustments and credits resulting in a net lump sum awarded to Wife; detailed apportionment of Section 7 expenses and retroactive accounting; parties bear their own...
Legal Topics
Section 7 Expenses, Equalization of Family Property, Custody and Access, Income Imputation, Retroactive Support, Gross Up of Non Taxable Payments, Occupational Rent
Source Language
English
Family Law Divorce Child Support Spousal Support Property Division Pension Division Section 7 Expenses Equalization of Family Property +5 more

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Parties

Darlene MacPherson

Petitioner

Todd MacPherson

Respondent

Procedural Posture

Divorce (family Division) / Trial Judgment (final Decision)

Legal Issues

  1. 1 What is the Husband's annual income for child support purposes?
  2. 2 Quantum and duration of spousal support
  3. 3 Disposition of the matrimonial home

Ratio Decidendi

Husband's income for child support is his reported line 150 income for 2013-2015 because per diem and reimbursement payments were compensatory of job duties and not income; Wife is entitled to indefinite spousal support under the needs-based model and to Section 7 cost sharing for reasonable and necessary extraordinary expenses; matrimonial property, including funds from the wife's great-uncle, is matrimonial in nature absent clear contrary documentation and must be equally divided; the Husband's interim payments are credited and detailed retroactive calculations netted to a lump sum award to the Wife rather than further reciprocal payments; requests to gross up the Wife's receipts and...

Court Disposition

Divorce granted; joint custody with Wife as primary caregiver; child support and spousal support ordered; equal division of matrimonial property with adjustments and credits resulting in a net lump sum awarded to Wife; detailed apportionment of Section 7 expenses and retroactive accounting; parties bear their own...

Orders

  • Divorce granted.
  • Joint custody of Faith; primary care to Wife; Husband reasonable access.