C.D. v. C.D.

C.D. v. C.D.

The court found material changes in circumstances (shared custody agreement, recipient's disability, parties' conduct) justified variation: adopt parties' custody agreement; no ongoing child support effective November 1, 2001 because reasonable arrangements under s.17(6) existed; award a lump sum to rectify past child support arrears of $10,135.29 payable within 90 days; find net spousal arrears through Oct 31, 2001 of $4,222.50 after crediting half of disability pension benefits; order ongoing spousal support of $1,400 per month effective November 1, 2001 until and including August 1 of the year the child completes Grade 12 (subject to variation) based on need, basic social obligation...

Citation
2002 NSSF 29
Parties
Petitioner: C.A.D.; Respondent/applicant: C.F.D.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 June 2002
Procedural Posture
Divorce/family Variation / Final Judgment (trial)
Outcome
Variation granted in part: custody as agreed adopted; child support terminated effective Nov 1, 2001; lump sum child arrears awarded; spousal arrears partly reduced and ongoing spousal support ordered.
Legal Topics
Variation of Support Orders, Retroactive Support, Child Support Guidelines, Disability and Support, Tax Treatment of Support
Source Language
English
Family Law Spousal Support Child Support Custody Statutory Variation of Orders Variation of Support Orders Retroactive Support Child Support Guidelines +2 more

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 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

C.A.D.

Petitioner

C.F.D.

Respondent/applicant

Procedural Posture

Divorce/family Variation / Final Judgment (trial)

Legal Issues

  1. 1 Whether child support should be varied retroactively and/or terminated
  2. 2 Whether spousal support arrears exist and whether spousal support should continue
  3. 3 Proper quantum and duration of ongoing spousal support

Ratio Decidendi

The court found material changes in circumstances (shared custody agreement, recipient's disability, parties' conduct) justified variation: adopt parties' custody agreement; no ongoing child support effective November 1, 2001 because reasonable arrangements under s.17(6) existed; award a lump sum to rectify past child support arrears of $10,135.29 payable within 90 days; find net spousal arrears through Oct 31, 2001 of $4,222.50 after crediting half of disability pension benefits; order ongoing spousal support of $1,400 per month effective November 1, 2001 until and including August 1 of the year the child completes Grade 12 (subject to variation) based on need, basic social obligation...

Court Disposition

Variation granted in part: custody as agreed adopted; child support terminated effective Nov 1, 2001; lump sum child arrears awarded; spousal arrears partly reduced and ongoing spousal support ordered.

Orders

  • Custody: adopt parties' agreed joint custody/shared parenting arrangement and access as described in decision.
  • No child support order effective November 1, 2001.