Canada Case Law

Lutley v. McNish

Court

Supreme Court of Nova Scotia

The court refused to impute income to Ms. McNish because credible evidence established incapacity to work in her prior pressured environments; the court used Ms. McNish's pension and part-time earnings as her income and applied the Child Maintenance Guidelines (s.3 for table amounts and s.7 for special/post-secondary expenses) to calculate and apportion child support and education costs, disallowing claimed expenses that were not proven extraordinary; all payments are to be administered through the Maintenance Enforcement Program and offsets/credits applied to reconcile overpayments and arrea…

Source excerpt

• Child maintenance guidelines
• Imputation of income
• Special or extraordinary expenses
• Post-secondary education contributions
• Offsets and repayment of arrears
• Costs

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B.L.S. v. E.J.S.

Court

Supreme Court of British Columbia

Court varied child support and post-secondary support orders, found E. was no longer a child of the marriage effective June 1, 2014, cancelled arrears, and awarded costs to the father.

• Family law act s.146
• Divorce act s.2(1)
• Federal child support guidelines s.3(2)
• S.7 special and extraordinary expenses
• Variation of child support order
• Fmep enforcement

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Lerner v. Lerner

Court

Supreme Court of British Columbia

The court varied child support orders for two adult children, finding Joel was no longer a child of the marriage as of December 31, 2012, while Jordan remained entitled to support.

• Federal child support guidelines s.3(2)
• Federal child support guidelines s.7
• Definition of 'child of the marriage'
• Variation of support orders
• Allocation of special expenses
• Child-support

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Warner v. Warner

Court

Supreme Court of British Columbia

The court held that an adult post-secondary student remained a child of the marriage, but varied support downward, ordered direct payment to the son, and cancelled support for a six-month period.

• Child of the marriage
• Variation of support
• Retroactive support
• Federal child support guidelines
• Parental obligation
• Child-support

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