Supreme Court

Decision Information

Shuparski v Mair

Court Supreme Court
Date 1995-01-18
Other citations [1995] NWTR 4
File numbers CV 05191
Judge(s) Hetherington
Location Yellowknife
Cases and statutes considered Cases considered:
Levesque v. Levesque (1994), 20 Alta. L.R. (3d) 429
Willick v. Willick (27 October 1994), (S.C.C.) [unreported]

Statutes considered:
Domestic Relations Act, R.S.N.W.T. 1988, c. D-8, s. 28(4)
Divorce Act, R.S., 1985, c. 3 (2nd Supp.), s. 15(2)(b)
Divorce Act, R.S., 1985, c. 3 (2nd Supp.), s. 15(2)
Divorce Act, R.S., 1985, c. 3 (2nd Supp.), s. 18(8)
Decision information:

Summary: Determination of needs of the child and then determination of proportionate responsibility to bear those costs. Mother requesting child support for one child. Amount below guideline amount. Father claims cannot pay. Divorce guidelines require first determining income or income that could be generated by personal effort, cost of brining up child, apportioning of costs between parents, adjustment for income tax and any other reason - then consider if each parent can meet their obligation. Child tax credits and support payments for other children not to be considered part of income for care of this child. Basic needs of this child take precedent over high fuel costs generated facilitating contact for other children with their mother and culture - other mother to contribute to these fuel expenses. Court used software program called Support.Works 1.0 to assist in assessing effect of tax benefits to paying support.
Abstract: Application for child support.
Decision: Child support awarded to Plaintiff in the amount of $750.00 per month.
Subjects: Family law - Children - Maintenance - Factors governing award

Decision Content

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.