SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Poirier v. Poirier, 2016 NSSC 336
Date: 20161209
Docket: 1201-068744
Registry: Halifax
Between:
Stephen Alfred Poirier
Petitioner
v.
Michelle Frances Poirier
Respondent
________________________________________________________________________ LIBRARY HEADING
Judge: Beryl MacDonald
Heard: September 9, 2016
Written Decision: December 9, 2016
Keywords: Family, Child and Spousal Support ongoing and retroactive, Matrimonial Property and Debt, Separation Agreement
Legislation: Divorce Act, R.S. 1985, c 3; Matrimonial Property Act R.S.N.S. 1989, c.275
Summary: Father requested a Divorce, access with the parties’ daughter, payment of money owed to him in a Separation Agreement and ongoing and retroactive spousal support. The Mother requested custody, child support and an order relieving her from the payment
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provisions of the Separation Agreement due to a breach of that agreement by the Father.
The parties’ daughter was 17 years of age and living with the Mother in California. It was appropriate that the Mother have custody and the daughter have such contact with the Father as was agreeable to her. She was a dependent child and entitled to receive child support. After a 22 year marriage the Father had a non-compensatory claim for spousal support. The Mother had always been the higher income earner in the family. He was financially dependent upon her. A retroactive claim was calculated both for child and spousal support. The Father had not breached the terms of the parties’ Separation Agreement. The Mother had not brought a motion to set aside the Separation Agreement and it was an enforceable agreement. The parties’ matrimonial property and debt were to be divided as required in the Separation Agreement.
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