SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: J.E.N. v. M.J.S.N., 2017 NSSC 314
Date: 2017 - 12 - 08
Docket: 1201-068928; SFH-97500
Registry: Halifax
Between:
J.E.N.
Petitioner
v.
M.J.S.N.
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Elizabeth Jollimore
Heard: January 24 - 25, June 28 - 29, 2017
Summary: Divorce. Custody, parenting time, passport and travel arrangements, prospective and retroactive child support in issue. Father’s income imputed for child support purposes. Administrative recalculation not available where income imputed. Wife’s application to set aside separation agreement based on its fundamental breach was dismissed where she made this claim without appropriate notice to the husband. Husband’s post-trial request to deal with alleged criminal activity not in the appropriate forum.
Key words: Family law, divorce, administrative recalculation, child support, retroactive child support, property division, separation agreement, amendment of pleadings, imputing income, special or extraordinary expenses, custody, joint custody, access, disclosure
Legislation: Administrative Recalculation of Child Maintenance
Guidelines, NS Reg 2014-439, section 9, 15
Child Abduction Act, R.S.N.S. 1989, c. 67
Civil Procedure Rules 83.02(2)
Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, section 16
Federal Child Support Guidelines, SOR/97-175, section 7, 16, 17,
19(1)(f)
Matrimonial Property Act, R.S.N.S. 1989, c. 275
Maintenance Enforcement Act, S.N.S. 1994-95, c. 6, section 10
THIS INFORMATION SHEET DOESN’T FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.