Supreme Court

Decision Information

Lafferty v Football

Court Supreme Court
Date 1997-05-20
File numbers CV 03052
Judge(s) Schuler
Location Yellowknife
Cases and statutes considered Cases considered:
Delorme v. Speirs (March 17, 1997, S.C.N.W.T CV 06886)
Trahan v. Piercy (March 25, 1997, S.C.N.W.T. CV 06378)
Whalen v. Boivin, (1996) NWTR 11
Knowles v. Knowles (March 26, 1997, S.C.N.W.T. CV 06922)

Statutes considered:
Federal Child Support Guidelines, s. 25
Divorce Act, R.S.C. 1985 c.3 (2nd supp), s. 14(4)
Decision information:

Summary: Teenagers lived together during pregnancy. Separated two months after birth of child. Father believed child to be adopted out, so did not respond to notice of application for child support. Ordered to pay 500.00 per month. Wages from short term and seasonal employment garnisheed. Child is now nine years old. Mother on social assistance, has two other children. Father back in grade 11, has new common-law and child, is sole supporter with his school financial assistance money, but monthly expenses slightly over monthly income. Court imputes two summer months income in additional to school financial assistance money and using Federal Guidelines orders father pay $110.00 per month child support. Special circumstances to cancel arrears exist: had been garnisheed all that was possible in past, cannot presently pay, uncertain if ever will be able to. Original support order would not have been so high had father's circumstances been before the court.
Decision: Child support cancelled. $110.00 per month child support ordered
Subjects: Family law - Children - Maintenance - Enforcement - Arrears

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.