St. Hilaire v. St. Hilaire

St. Hilaire v. St. Hilaire

Severance pay retains its original characterization as income for child support purposes even if transferred to an RRSP or used to purchase assets; accordingly the court included severance pay, pension and net profit from the woodworking business in calculating the applicant's 2003 income (total $50,111) and found a material change of circumstances permitting variation of child support, reducing monthly support from $600 to $407 for the period December 1, 2003 to November 30, 2004, with proportionate sharing of special expenses and annual exchange of income documents ordered.

Citation
2003 NSSF 48
Parties
Applicant / Respondent by Counter Application: Luc St. Hilaire; Respondent / Applicant by Counter Application: Melinda Darlene St. Hilaire
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 November 2003
Procedural Posture
Divorce Act Variation Application (child Support Under S.17) / Judgment
Outcome
Application to vary child support granted in part
Legal Topics
Variation of Support Order, Change of Circumstances, Income Characterization, Child Support Guidelines, Special and Extraordinary Expenses, Orthodontic/medical Expense Apportionment
Source Language
English
Family Law Child Support Divorce Law Variation of Support Order Change of Circumstances Income Characterization Child Support Guidelines Special and Extraordinary Expenses +1 more

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Parties

Luc St. Hilaire

Applicant / Respondent by Counter Application

Melinda Darlene St. Hilaire

Respondent / Applicant by Counter Application

Procedural Posture

Divorce Act Variation Application (child Support Under S.17) / Judgment

Legal Issues

  1. 1 Whether severance pay and amounts transferred to RRSP constitute income for child support calculation
  2. 2 Whether there has been a material change in circumstances warranting variation under s.17 of the Divorce Act
  3. 3 How to calculate applicant's income including pension and business profits for guideline support

Ratio Decidendi

Severance pay retains its original characterization as income for child support purposes even if transferred to an RRSP or used to purchase assets; accordingly the court included severance pay, pension and net profit from the woodworking business in calculating the applicant's 2003 income (total $50,111) and found a material change of circumstances permitting variation of child support, reducing monthly support from $600 to $407 for the period December 1, 2003 to November 30, 2004, with proportionate sharing of special expenses and annual exchange of income documents ordered.

Court Disposition

Application to vary child support granted in part

Orders

  • Child support reduced to $407 per month commencing December 1, 2003 and continuing to November 30, 2004
  • For the purpose of calculating special and extraordinary expenses up to November 30, 2004 respondent's income fixed at $18,756 and applicant's income fixed at $50,111 for apportionment