A.H. v. B.D.

A.H. v. B.D.

On the evidence N.F.D. remains a dependent under s.2(c) of the MCA and the changes in his circumstances are insufficient to warrant variation under s.37; arrears remain owing and payable; however, to encourage compliance the court will permit the basic monthly support to be paid directly to each son (split equally) while maintaining section 7 amounts; garnishee enforcement under s.35 MCA is authorized and costs of $800 are awarded to A.H.'s solicitor.

Citation
2008 NSFC 36
Parties
Applicant/respondent Herein: A.H.; Respondent/applicant Herein: B.D.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
3 November 2008
Procedural Posture
Family Court Maintenance and Custody (mca) / Decision on Variation Application (after Hearing)
Outcome
Application to vary dismissed with respect to changing quantum of support; limited variation granted to permit basic support to be paid directly to each son; garnishee enforcement authorized; arrears remain payable; costs awarded.
Legal Topics
Variation of Support, Section 7 Expenses, Garnishment, Adult Child Dependency, Costs
Source Language
English
Family Law Child Support Maintenance Enforcement Variation of Support Section 7 Expenses Garnishment Adult Child Dependency Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

A.H.

Applicant/respondent Herein

B.D.

Respondent/applicant Herein

Procedural Posture

Family Court Maintenance and Custody (mca) / Decision on Variation Application (after Hearing)

Legal Issues

  1. 1 Whether N.F.D.'s change of circumstances warranted a variation of support
  2. 2 Whether N.F.D. remains a dependent child under s.2(c) of the MCA
  3. 3 Whether arrears remain payable despite alleged change in circumstances

Ratio Decidendi

On the evidence N.F.D. remains a dependent under s.2(c) of the MCA and the changes in his circumstances are insufficient to warrant variation under s.37; arrears remain owing and payable; however, to encourage compliance the court will permit the basic monthly support to be paid directly to each son (split equally) while maintaining section 7 amounts; garnishee enforcement under s.35 MCA is authorized and costs of $800 are awarded to A.H.'s solicitor.

Court Disposition

Application to vary dismissed with respect to changing quantum of support; limited variation granted to permit basic support to be paid directly to each son; garnishee enforcement authorized; arrears remain payable; costs awarded.

Orders

  • Application to vary dismissed insofar as it sought reduction of quantum; no change to section 7 amounts ordered January 2008
  • Order varied to permit basic monthly support of $500 to be equally divided and paid $250 to each son (N.F.D. and N.C.D.)