Cavanaugh v. Cavanaugh

Cavanaugh v. Cavanaugh

Applicant's income potential had changed significantly due to lay-off and projected 2001 income justified a downward variation of child support to $128 per month effective February 1, 2001; child care contribution was not suspended because it remains a necessary shared expense; further hearing ordered to determine arrears and adjustment for 2000 because applicant breached the court order to provide 1999 income information.

Citation
2001 NSSC 200
Parties
Applicant/respondent: RANDALL JOHN CAVANAUGH; Respondent/petitioner: SHERRI LYNN CAVANAUGH
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 May 2001
Procedural Posture
Family Law Child Support Variation / Variation Application Decision After Hearing
Outcome
Variation granted in part: monthly child support reduced to $128 effective February 1, 2001; child care contribution obligation remains; further hearing ordered to determine arrears and 2000 adjustment.
Legal Topics
Variation of Child Support, Income Determination, Guidelines Application, Arrears, Failure to Provide Income Information
Source Language
English
Family Law Child Support Child Care Expenses Variation of Child Support Income Determination Guidelines Application Arrears Failure to Provide Income Information

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Parties

RANDALL JOHN CAVANAUGH

Applicant/respondent

SHERRI LYNN CAVANAUGH

Respondent/petitioner

Procedural Posture

Family Law Child Support Variation / Variation Application Decision After Hearing

Legal Issues

  1. 1 Whether child support should be varied downward due to applicant's reduced income and lay-off
  2. 2 Whether applicant's obligation to contribute to child care expenses should be suspended
  3. 3 Whether arrears exist and whether maintenance should be adjusted for 2000 given failure to provide 1999 income

Ratio Decidendi

Applicant's income potential had changed significantly due to lay-off and projected 2001 income justified a downward variation of child support to $128 per month effective February 1, 2001; child care contribution was not suspended because it remains a necessary shared expense; further hearing ordered to determine arrears and adjustment for 2000 because applicant breached the court order to provide 1999 income information.

Court Disposition

Variation granted in part: monthly child support reduced to $128 effective February 1, 2001; child care contribution obligation remains; further hearing ordered to determine arrears and 2000 adjustment.

Orders

  • Monthly child support reduced to $128 effective February 1, 2001 based on projected annual income of $15,340
  • Applicant must inform respondent and the Court immediately upon resumption of employment so maintenance can be adjusted