Court of Appeal

Decision Information

Decision Content

Nova Scotia Court of Appeal

Citation: Hiltz v. Anderson, 2013 NSCA 147

Date: 20131217

Docket: CA 411471

Registry: Halifax

Between:

Angela Jayne Hiltz

Appellant

v.

Patrick Jerome Anderson

Respondent

 

Judge:

Bryson, J.A.

Appeal Heard:

December 10, 2013, in Halifax, Nova Scotia

Subject:

Family law variation of Child Support.

Summary:

Ms. Hiltz applied to vary child support payments based on Mr. Anderson’s 2011 T4 which reported substantially higher income than previous years.  Mr. Anderson explained that the increase was a one year adjustment to pension income arising from prior errors in calculating his pension income.

Issues:

Did hearing judge err in calculating child support based on Mr. Anderson’s 2012 income and ignoring the higher 2011 figure?

Result:

Appeal dismissed.  Hearing judge accepted Mr. Anderson’s explanation for the increased 2011 income.  She did not err in basing child support on Mr. Anderson’s 2012 income.

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