O.P. v. S.T.

O.P. v. S.T.

Father’s application to vary custody to a shared week-on/week-off regime was dismissed because he did not prove a material change in circumstances not reasonably contemplated by the prior comprehensive order; however mother’s claim to enforce disclosure and recalculate child support succeeded: father’s 2013 Line 150 income was fixed at $39,154.55, Guideline table support set at $559/month (two children), retroactive arrears from July 1, 2013 to August 2014 fixed at $5,414.22, ongoing support set at $559/month from January 1, 2014 until otherwise ordered, father must provide proof of employment and tax documentation and parties are to attempt a repayment schedule within one month or...

Citation
2014 NSFC 15
Parties
Applicant/respondent Herein: O.P.; Respondent/applicant Herein: S.T.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
7 October 2014
Procedural Posture
Family Court Custody and Child Support (mca) / Decision (heard August 12, 2014; Decision October 7, 2014)
Outcome
Father's variation application dismissed; mother's enforcement application granted in part (child support recalculated and arrears fixed); orders made for disclosure and ongoing support and procedural directions on repayment and medical consultation.
Legal Topics
Variation of Custody Order, Shared Parenting Request, Change in Circumstances Threshold, Retroactive Child Support, Income Imputation, Disclosure of Tax Returns, Repayment of Arrears, Exposure to Smoking
Source Language
English
Family Law Child Support Custody and Access Maintenance Enforcement Variation of Custody Order Shared Parenting Request Change in Circumstances Threshold Retroactive Child Support +4 more

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Parties

O.P.

Applicant/respondent Herein

S.T.

Respondent/applicant Herein

Procedural Posture

Family Court Custody and Child Support (mca) / Decision (heard August 12, 2014; Decision October 7, 2014)

Legal Issues

  1. 1 Whether there has been a change in circumstances sufficient to vary custody/access to a shared week-on/week-off regime
  2. 2 Whether father’s income increased and support should be recalculated retroactively to July 1, 2013
  3. 3 Whether parties complied with tax return/notice of assessment disclosure obligations

Ratio Decidendi

Father’s application to vary custody to a shared week-on/week-off regime was dismissed because he did not prove a material change in circumstances not reasonably contemplated by the prior comprehensive order; however mother’s claim to enforce disclosure and recalculate child support succeeded: father’s 2013 Line 150 income was fixed at $39,154.55, Guideline table support set at $559/month (two children), retroactive arrears from July 1, 2013 to August 2014 fixed at $5,414.22, ongoing support set at $559/month from January 1, 2014 until otherwise ordered, father must provide proof of employment and tax documentation and parties are to attempt a repayment schedule within one month or...

Court Disposition

Father's variation application dismissed; mother's enforcement application granted in part (child support recalculated and arrears fixed); orders made for disclosure and ongoing support and procedural directions on repayment and medical consultation.

Orders

  • Father's application to vary custody/access to shared week-on/week-off dismissed
  • Father's 2013 Line 150 income fixed at $39,154.55 for Guidelines purposes