Canada Case Law

Crosby v. Crosby (Westhaver)

Court

Supreme Court of Nova Scotia

The Court found a non‑temporary material change in circumstances caused by the applicant's 2023 employment termination and concluded the applicant is intentionally unemployed without reasonable excuse; exercising discretion and considering earning capacity, assets, needs and SSAG/tax effects, the Court imputed annual income of $400,000 to the applicant and reduced spousal support to $7,500 per month effective October 1, 2023; underpayments from Feb 1, 2022 to Sep 30, 2023 and overpayments since Oct 1, 2023 were identified and left for calculation between the parties.

Source excerpt

• Material change in circumstances
• Intentional unemployment
• Income imputation
• Ssag analysis
• Underpayment and overpayment of support
• Variation orders objectives

Read case analysis

Watkins v. Collins

Court

Supreme Court of Nova Scotia

Retroactive child support recalculation is ordered from September 2016 (the month after the Final Order) through calendar years to September 2025; 2022 support based on actual reported income; 2023 and 2024 income imputed to full‑time minimum wage due to underemployment, unreported cash work and voluntary departure from the fishing industry; retroactive arrears calculated accordingly and set to be repaid at $200/month commencing last day of September 2025; prospective child support set on applicant's 2025 income of $34,436 producing $242/month starting last day of September 2025.

Source excerpt

• Retroactive variation
• Imputation of income
• Child support guidelines
• Undue hardship
• Disability tax credit
• Prospective support

Read case analysis

Charapovich v. Charapovich

Court

Supreme Court of Nova Scotia

On the totality of the evidence and the best interests of the children the court awarded primary care and sole decision-making authority to Hanna; found no parental alienation by the mother; found the father’s declared incomes were not reflective of his resources and imputed annual income of $125,000 to him under s.19 of the Guidelines; ordered prospective guideline child support of $1,709/month commencing October 1, 2025 and allocated section 7 expenses 64% father/36% mother; concluded applicant is entitled to spousal support in principle but declined to order payment given her achieved self…

Source excerpt

• Parenting arrangements
• Decision-making authority
• Imputation of income under guidelines
• Prospective child support
• Section 7 special expenses
• Voice of the child report

Read case analysis

M.G.M.L. v. J.S.L.

Court

Supreme Court of British Columbia

Interim family-law reasons assessing the parties’ guideline incomes, imputing higher income to the claimant, and setting ongoing spousal and child support on a temporary basis.

• Guideline income
• Corporate income method
• Expense gross-up method
• Imputation of income
• Special and extraordinary expenses
• Spousal support advisory guidelines

Read case analysis

J.M.M v. I.P.M.

Court

Supreme Court of British Columbia

Family law reasons addressing parenting time, family violence, child support, property division, occupational rent, and spousal support after separation.

• Parenting time allocation
• Imputed income
• Compensatory spousal support
• Division of property
• Section 7 expenses
• Pension division (part 6 fla)

Read case analysis

A.J.B.B. v. B.B.M.

Court

Supreme Court of British Columbia

The court imputed the respondent’s income at $112,000, ordered child support and conditional spousal support, denied security, and awarded costs to the claimant.

• Imputation of income
• Underemployment
• Child support table
• Spousal support advisory guidelines
• Security for support
• Costs

Read case analysis

SGW v. JDF

Court

Supreme Court of British Columbia

The court imputed $46,000 income to the claimant from April 1, 2024, varied the parenting schedule to increase the respondent’s time, granted divorce, and ordered each party to bear own costs.

• Imputation of income
• Parenting schedule
• Holiday access
• Review of support
• Costs
• Imputation-of-income

Read case analysis

I.C. v. M.C.

Court

Supreme Court of Nova Scotia

Because the father failed to provide ordered financial disclosure, has relevant qualifications and assets and provided no evidence of inability to earn, the court imputed annual income at the three‑year average $77,981.33; applying the Guidelines the father must pay child support $1,182/month and, on compensatory and non‑compensatory grounds, spousal support $357/month for four years, with parenting and enforcement provisions consolidated into the order.

Source excerpt

• Imputation of income
• Application of federal child support guidelines
• Spousal support entitlement (compensatory and non-compensatory)
• Enforcement of support orders
• Supervised parenting time

Read case analysis

Walker v. Wilkie

Court

Supreme Court of Nova Scotia

Pandemic-related loss of employment constituted a material change in circumstances for 2020 and 2021 but did not excuse failure to pursue remunerative work from 2022 onward; no imputation for 2020 or 2021, but income imputed at $100,000 for 2022 and 2023 resulting in child support under the Nova Scotia table for one child for those years; applicant must reimburse 50% of uninsured orthodontic expenses paid and pay 50% of future uninsured orthodontic expenses upon delivery of insurer statements.

Source excerpt

• Child support variation
• Imputation of income
• Section 7 orthodontic expenses
• Maintenance enforcement
• Costs

Read case analysis

Kular v. Kular

Court

Supreme Court of British Columbia

The court partly varied child support after a material change in circumstances, imputed the payor's income at $20,000, reduced extraordinary expenses, and refused to cancel arrears.

• Variation of support order
• Cancellation of arrears
• Imputation of income
• Extraordinary expenses
• Disability benefits
• Child-support

Read case analysis