MacDonald v. MacDonald

MacDonald v. MacDonald

The 1997 amendments and Guidelines constituted a material change permitting variation. Matthew remains a "child of the marriage" until completion of his undergraduate degree and proposed MBA absent a material change. Variation was granted and made effective as of the date of filing of the application (February 4, 2000). The father's income for Guidelines purposes was fixed at $104,300 (three‑year average with adjustment) and the mother's at $41,600, producing a table amount of $1,288 per month; the father must pay specified lump sums and s.7 shares and arrears with credits for prior educational contributions, and payments to children when they reside at university are to be made directly...

Citation
2001 NSSC 158
Parties
Petitioner/respondent: Gordon E. MacDonald; Respondent/applicant: Nona Catherine MacDonald
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 November 2001
Procedural Posture
Divorce Act Variation (child Support) / Application for Variation (heard and Decided)
Outcome
Application to vary child support granted in part; variation effective February 4, 2000 (date of filing) and orders made for ongoing and retroactive payments and allocation of s.7 expenses.
Legal Topics
Variation of Support Order, Retroactivity of Support Orders, Definition of Child of the Marriage, Income Determination Under Guidelines, Post Secondary Education Expenses (s.7), Calculation of Arrears and Credits
Source Language
English
Family Law Child Support Divorce Act Family Court Procedure Variation of Support Order Retroactivity of Support Orders Definition of Child of the Marriage Income Determination Under Guidelines +2 more

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Parties

Gordon E. MacDonald

Petitioner/respondent

Nona Catherine MacDonald

Respondent/applicant

Procedural Posture

Divorce Act Variation (child Support) / Application for Variation (heard and Decided)

Legal Issues

  1. 1 Whether amendments to the Divorce Act and Guidelines constitute a material change of circumstances
  2. 2 Whether Matthew remains a "child of the marriage" entitled to support
  3. 3 Whether variation of child support should be made retroactive and to what date

Ratio Decidendi

The 1997 amendments and Guidelines constituted a material change permitting variation. Matthew remains a "child of the marriage" until completion of his undergraduate degree and proposed MBA absent a material change. Variation was granted and made effective as of the date of filing of the application (February 4, 2000). The father's income for Guidelines purposes was fixed at $104,300 (three‑year average with adjustment) and the mother's at $41,600, producing a table amount of $1,288 per month; the father must pay specified lump sums and s.7 shares and arrears with credits for prior educational contributions, and payments to children when they reside at university are to be made directly...

Court Disposition

Application to vary child support granted in part; variation effective February 4, 2000 (date of filing) and orders made for ongoing and retroactive payments and allocation of s.7 expenses.

Orders

  • Father to pay mother $3,000 forthwith.
  • Father to pay mother $1,288 per month (table amount) while both children live in mother's residence; if only one child lives at home father to pay $804 per month.