S.M.S. v. T.L.R.

S.M.S. v. T.L.R.

Because both parties agreed the child had not been in school since October 31, 2013, and the respondent no longer sought support, the court granted termination of the child support order retroactive to November 1, 2013; the court declined to order government reimbursement and directed that the order be sent to Maintenance Enforcement for recalculation.

Citation
2016 NSFC 39
Parties
Applicant (father): S.M.S.; Respondent (mother): T.L.R.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
26 January 2016
Procedural Posture
Child Support Variation / Decision on Variation Application
Outcome
Application granted in part: child support order terminated retroactive to November 1, 2013; court declined to order government reimbursement.
Legal Topics
Variation of Child Support, Termination of Support, Retroactive Variation, Maintenance Enforcement Administration, Dependency of Child
Source Language
English
Family Law Child Support Maintenance Enforcement Access to Justice Variation of Child Support Termination of Support Retroactive Variation Maintenance Enforcement Administration +1 more

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Parties

S.M.S.

Applicant (father)

T.L.R.

Respondent (mother)

Procedural Posture

Child Support Variation / Decision on Variation Application

Legal Issues

  1. 1 Whether child support should be terminated retroactively to November 1, 2013
  2. 2 Whether there is sufficient evidence of the child’s continued dependency to require ongoing support
  3. 3 Whether the court can order reimbursement by the government for alleged overpayments to Maintenance Enforcement

Ratio Decidendi

Because both parties agreed the child had not been in school since October 31, 2013, and the respondent no longer sought support, the court granted termination of the child support order retroactive to November 1, 2013; the court declined to order government reimbursement and directed that the order be sent to Maintenance Enforcement for recalculation.

Court Disposition

Application granted in part: child support order terminated retroactive to November 1, 2013; court declined to order government reimbursement.

Orders

  • Child support order terminated retroactively to November 1, 2013.
  • No order for government reimbursement of alleged overpayment.