Publicover v. Patterson

Publicover v. Patterson

The court refused to retroactively vary or set aside the December 4, 2007 consent order because the mother failed to meet the burden of proof of fraud, duress or material misrepresentation and failed to provide timely disclosure; the court determined the mother's income for 2007 at $42,031 and for 2008 at $40,384, calculated arrears accordingly, and ordered prospective child support of $453 per month from November 1, 2009 together with ongoing disclosure and recalculation of arrears by Maintenance Enforcement.

Citation
2009 NSSC 327
Parties
Applicant/respondent: Taura Irene Publicover; Respondent/applicant: Gregory Hugh Patterson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 November 2009
Procedural Posture
Family Division Child Support Variation Application / Application to Vary Child Support; Hearing Concluded and Decision Issued
Outcome
Application to retroactively vary the December 4, 2007 consent order denied; prospective child support varied and set; arrears to be recalculated and enforced.
Legal Topics
Variation of Child Support, Retroactive Support, Consent Order, Income Determination, Financial Disclosure, Arrears, Section 7 Expenses, Burden of Proof, Enforcement
Source Language
English
Family Law Child Support Maintenance Enforcement Bankruptcy Contract/consent Orders Variation of Child Support Retroactive Support Consent Order +6 more

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Parties

Taura Irene Publicover

Applicant/respondent

Gregory Hugh Patterson

Respondent/applicant

Procedural Posture

Family Division Child Support Variation Application / Application to Vary Child Support; Hearing Concluded and Decision Issued

Legal Issues

  1. 1 Whether the December 4, 2007 consent order should be retroactively varied or set aside
  2. 2 Proper method of determining payor's income for Child Support Guidelines
  3. 3 Whether arrears should be reduced or forgiven as undue hardship

Ratio Decidendi

The court refused to retroactively vary or set aside the December 4, 2007 consent order because the mother failed to meet the burden of proof of fraud, duress or material misrepresentation and failed to provide timely disclosure; the court determined the mother's income for 2007 at $42,031 and for 2008 at $40,384, calculated arrears accordingly, and ordered prospective child support of $453 per month from November 1, 2009 together with ongoing disclosure and recalculation of arrears by Maintenance Enforcement.

Court Disposition

Application to retroactively vary the December 4, 2007 consent order denied; prospective child support varied and set; arrears to be recalculated and enforced.

Orders

  • Retroactive variation of the December 4, 2007 consent order denied
  • Mother's 2007 income determined at $42,031 and 2008 income determined at $40,384 for guideline calculations