Supreme Court

IN THE SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: MacGillivary v. Ross,  2008 NSSC 339

Date: 20081118

Docket:   52187

Registry:  Sydney, N.S.

Between:

                                                Rita MacGillivary

Applicant

v.

Brent Ross

                                                                                                                                  Respondent

LIBRARY HEADING

Judge:                                    The Honourable Justice Theresa M. Forgeron

Heard:                                    March 5^th, March 31^st and September 24, 2008, in Sydney, Nova Scotia

Oral Decision:                       November 14, 2008

Written Decision:                  November 18, 2008

Subject:                                 Family Law

Issue:        Imputation of Income - Health Needs of Parent and Burden of Proof; Lack of Disclosure; Reasonableness of Schedule III Employment Expenses; Under Reporting Income; Retroactive Child Support Claim

Result:       Income of $24,000 deemed to father.  The father had not established a link between health needs and an inability to work.  The father did not provide requisite proof of employment expenses.  The father under-reported income and over-reported expenses.  The father’s income earning capacity exceeded $9,000 per year as alleged by father.  Retroactive maintenance of $6,000 ordered payable over 60 months.

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.  QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.