Supreme Court
Decision Information
Abstract: Motion to rescind an order of the Supreme Court of Nova Scotia for a lump sum award and arrears in maintenance and to reduce child support retroactively - Further motion for certain rights of access - Applicant contends he is unable to pay the amounts ordered due to disabling heart condition.
Decision: Court declined motion to rescind lump sum payment as this was part of a property settlement between the parties - Court further declined motion to rescind arrears as the Applicant was able to pay these amounts prior to the onset of the heart condition - Court reduced amount of child support payable as Applicant=s condition reduced present earning capacity - Applicant to have reasonable access when financial responsibilities fulfilled - Access to take place gradually in the home of the child.
Subjects: Family law - Children - Custody and access
Family law - Children - Maintenance - Orders for maintenance - Lump sum
Family law - Children - Maintenance - Enforcement - Arrears
Keywords: Child support - arrears - lump sum award - access