L.L.L. v. L.A.B.

L.L.L. v. L.A.B.

Court found a material change in circumstances and fixed the Father’s income at $225,548 and the Mother’s income at $27,000 for purposes of analysis; imputation of additional corporate income to the Father was not warranted given valid business reasons for retained earnings and corporate expenditures; Father must continue to pay table guideline child support for three children and must pay the youngest child’s private school fees directly to the school; Father is not ordered to contribute directly to university tuition but may guarantee student loans; Mother must contribute specified annual amounts toward each university-attending child; spousal support is not terminated immediately but...

Citation
2007 NSSC 328
Parties
Mother: L. (L. L.); Father: B. (L. A.)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 November 2007
Procedural Posture
Family Law — Variation of Corollary Relief Judgment (divorce Act) / Application for Variation — Hearing and Decision
Outcome
Application granted in part: child support maintained at guideline table; Father ordered to pay youngest child’s private school fees; Mother ordered to contribute specified annual amounts toward university expenses; spousal support continued but fixed to terminate August 1, 2011; no income imputed to Father beyond...
Legal Topics
Variation of Judgment, Imputation of Income, Post Secondary Educational Expenses, Private School Fees, Section 7 Expenses, Corollary Relief, Maintenance Enforcement
Source Language
English
Family Law Divorce Child Support Spousal Support Income Determination Variation of Judgment Imputation of Income Post Secondary Educational Expenses +4 more

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Parties

L. (L. L.)

Mother

B. (L. A.)

Father

Procedural Posture

Family Law — Variation of Corollary Relief Judgment (divorce Act) / Application for Variation — Hearing and Decision

Legal Issues

  1. 1 Whether there has been a material change warranting variation of corollary relief judgment
  2. 2 Whether spousal support should be terminated
  3. 3 Whether child support obligations should be varied and to what extent parents must contribute to post-secondary education

Ratio Decidendi

Court found a material change in circumstances and fixed the Father’s income at $225,548 and the Mother’s income at $27,000 for purposes of analysis; imputation of additional corporate income to the Father was not warranted given valid business reasons for retained earnings and corporate expenditures; Father must continue to pay table guideline child support for three children and must pay the youngest child’s private school fees directly to the school; Father is not ordered to contribute directly to university tuition but may guarantee student loans; Mother must contribute specified annual amounts toward each university-attending child; spousal support is not terminated immediately but...

Court Disposition

Application granted in part: child support maintained at guideline table; Father ordered to pay youngest child’s private school fees; Mother ordered to contribute specified annual amounts toward university expenses; spousal support continued but fixed to terminate August 1, 2011; no income imputed to Father beyond...

Orders

  • Father to continue paying table guideline child support for three children (annualized at $38,946) through the Maintenance Enforcement Program
  • Father to pay youngest daughter’s private school fees (approx. $9,600 per year) directly to the school