V.C. v. J.D.B.

V.C. v. J.D.B.

Court found change in circumstances from 2006 onward such that father must share increased income; father’s 2004 income fixed at $53,647 by reasonable reading of prior consent varied judgment so no retroactive for 2004 (and 2005) but retroactive support ordered for 2006–2008 with adjustments; Section 7 medical/dental expenses approved (annual $1,070) but most claimed extracurricular/school expenses were not extraordinary except the eldest child’s university deficit which the court found neither parent could practically fund so no order for university deficit; ongoing support ordered on table for three children based on father’s 2009 income $66,661 (monthly $1,227) plus monthly Section 7...

Citation
2009 NSSC 25
Parties
Petitioner (mother): V. C.; Respondent (father): J. D. B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 January 2009
Procedural Posture
Family Law Child Support / Variation of Corollary Relief Judgment / Decision on Variation Application (supreme Court of Nova Scotia, Family Division)
Outcome
Application granted in part and denied in part: no retroactive variation for 2004 or 2005; retroactive support awarded for 2006–2008 reduced for amounts paid unilaterally by father; ongoing child support ordered.
Legal Topics
Variation of Corollary Relief Judgment, Retroactive Child Support, Special (section 7) Expenses, Income Determination for Non Resident Payor, Extraordinary Expenses, Post Secondary (university) Support, Ability to Pay / Undue Hardship
Source Language
English
Family Law Child Support Divorce Act Interjurisdictional Support Orders Variation of Corollary Relief Judgment Retroactive Child Support Special (section 7) Expenses Income Determination for Non Resident Payor +3 more

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Parties

V. C.

Petitioner (mother)

J. D. B.

Respondent (father)

Procedural Posture

Family Law Child Support / Variation of Corollary Relief Judgment / Decision on Variation Application (supreme Court of Nova Scotia, Family Division)

Legal Issues

  1. 1 Whether there has been a change in circumstances to permit variation under Divorce Act s.17(4) and Guidelines s.14
  2. 2 Proper determination of payor's total annual income for guideline calculations (including treatment of US income and deductions)
  3. 3 Whether claimed Section 7 expenses are necessary, reasonable and extraordinary

Ratio Decidendi

Court found change in circumstances from 2006 onward such that father must share increased income; father’s 2004 income fixed at $53,647 by reasonable reading of prior consent varied judgment so no retroactive for 2004 (and 2005) but retroactive support ordered for 2006–2008 with adjustments; Section 7 medical/dental expenses approved (annual $1,070) but most claimed extracurricular/school expenses were not extraordinary except the eldest child’s university deficit which the court found neither parent could practically fund so no order for university deficit; ongoing support ordered on table for three children based on father’s 2009 income $66,661 (monthly $1,227) plus monthly Section 7...

Court Disposition

Application granted in part and denied in part: no retroactive variation for 2004 or 2005; retroactive support awarded for 2006–2008 reduced for amounts paid unilaterally by father; ongoing child support ordered.

Orders

  • Father to pay child support for three children based on 2009 income $66,661 CAD: $1,227.00 CAD per month plus $42.00 CAD per month for special (Section 7) expenses for total $1,269.00 CAD per month payable bimonthly in installments of $643.50 CAD on the 1st and 15th of each month commencing January 1, 2009
  • Retroactive arrears: father to pay $6,736.00 CAD (retroactive award for 2006–2008 after adjustments) payable in monthly installments of $175.00 CAD on the 15th of each month commencing January 15, 2009 until paid