Ferguson v. Ferguson

Ferguson v. Ferguson

Court found entitlement to spousal support but concluded respondent lacked ability to pay since 2004; income was not imputed because respondent diligently sought work and had legitimately exhausted inheritance; arrears accumulated while respondent lacked means are cancelled and MEP record to be amended; Canada Revenue Agency debt from sale proceeds is matrimonial and equally divisible; RRSP disparities were expended for family support and parties had effectively agreed to retain their RRSPs so no further equalization ordered; ongoing nominal spousal support set at $1 to preserve jurisdiction and require annual exchange of tax returns.

Citation
2012 NSSC 377
Parties
Petitioner: Leslie Jean Ferguson; Respondent: William Allen Ferguson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 October 2012
Procedural Posture
Divorce (family Division) / Decision Following Divorce Hearing
Outcome
Divorce granted; petitioner's substantive claims for spousal support and property equalization dismissed on the record; arrears found not to exist and MEP records to be amended; ongoing nominal spousal support fixed at $1 to preserve variance jurisdiction; tax returns exchange ordered; name change authorized if sought.
Legal Topics
Imputing Income, Arrears, RRSP Division, Equal Division of Matrimonial Debts, Variation of Support Orders, Matrimonial Property Act S.13(b)
Source Language
English
Family Law Spousal Support Child Support Matrimonial Property Maintenance Enforcement Tax Law Imputing Income Arrears +4 more

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Parties

Leslie Jean Ferguson

Petitioner

William Allen Ferguson

Respondent

Procedural Posture

Divorce (family Division) / Decision Following Divorce Hearing

Legal Issues

  1. 1 Whether ongoing spousal support should be ordered
  2. 2 Whether arrears of spousal support exist
  3. 3 Whether there has been an equal division of matrimonial assets, specifically RRSPs

Ratio Decidendi

Court found entitlement to spousal support but concluded respondent lacked ability to pay since 2004; income was not imputed because respondent diligently sought work and had legitimately exhausted inheritance; arrears accumulated while respondent lacked means are cancelled and MEP record to be amended; Canada Revenue Agency debt from sale proceeds is matrimonial and equally divisible; RRSP disparities were expended for family support and parties had effectively agreed to retain their RRSPs so no further equalization ordered; ongoing nominal spousal support set at $1 to preserve jurisdiction and require annual exchange of tax returns.

Court Disposition

Divorce granted; petitioner's substantive claims for spousal support and property equalization dismissed on the record; arrears found not to exist and MEP records to be amended; ongoing nominal spousal support fixed at $1 to preserve variance jurisdiction; tax returns exchange ordered; name change authorized if sought.

Orders

  • Divorce granted
  • Petitioner authorized to resume former name if sought