Kennard v. Zawadzki

Kennard v. Zawadzki

The court found a change in circumstances justified varying child support in accordance with the Guidelines and ordered child support of $255/month effective July 1, 2006 with $2,022 arrears payable over 20 months; the court concluded the September 23, 2003 consent order was a negotiated full and final settlement as to spousal support, allocated the $950 combined payment as two‑thirds child and one‑third spousal, calculated spousal arrears of $7,353 and ordered those arrears paid by monthly spousal payments of $735.30 for 10 months beginning July 1, 2006; costs of $500 awarded to the respondent.

Citation
2006 NSSC 173
Parties
Petitioner / Respondent on This Application: Jennifer Kennard (Zawadzki); Respondent / Applicant on This Application: John Anthony Zawadzki
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 June 2006
Procedural Posture
Variation of Spousal and Child Support Under the Divorce Act / Hearing and Decision (chambers Hearing and Contested Hearing)
Outcome
Application partially granted: child support varied under Guidelines; spousal support not terminated as applicant requested and arrears scheduled for payment consistent with the consent order allocation; costs awarded to respondent.
Legal Topics
Variation of Support Orders, Divorce Act S.17, Child Support Guidelines, Consent Order Effect, Allocation of Combined Support Payments, Calculation and Scheduling of Arrears
Source Language
English
Family Law Divorce Spousal Support Child Support Income and Tax Treatment of Support Variation of Support Orders Divorce Act S.17 Child Support Guidelines +3 more

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Parties

Jennifer Kennard (Zawadzki)

Petitioner / Respondent on This Application

John Anthony Zawadzki

Respondent / Applicant on This Application

Procedural Posture

Variation of Spousal and Child Support Under the Divorce Act / Hearing and Decision (chambers Hearing and Contested Hearing)

Legal Issues

  1. 1 Whether there has been a change in circumstances sufficient to vary child support
  2. 2 Whether there has been a change in circumstances sufficient to terminate or vary spousal support
  3. 3 How to allocate an undifferentiated combined payment between child and spousal support

Ratio Decidendi

The court found a change in circumstances justified varying child support in accordance with the Guidelines and ordered child support of $255/month effective July 1, 2006 with $2,022 arrears payable over 20 months; the court concluded the September 23, 2003 consent order was a negotiated full and final settlement as to spousal support, allocated the $950 combined payment as two‑thirds child and one‑third spousal, calculated spousal arrears of $7,353 and ordered those arrears paid by monthly spousal payments of $735.30 for 10 months beginning July 1, 2006; costs of $500 awarded to the respondent.

Court Disposition

Application partially granted: child support varied under Guidelines; spousal support not terminated as applicant requested and arrears scheduled for payment consistent with the consent order allocation; costs awarded to respondent.

Orders

  • Applicant to pay child support at $255.00 per month commencing July 1, 2006 (based on 2006 income estimate).
  • Applicant to pay child support arrears of $2,022.00 (for Oct–Dec 2005) to be amortized over 20 months at $101.10 per month in addition to the regular child support, total child payments $356.10 per month until arrears are paid.