NOVA SCOTIA COURT OF APPEAL
Citation: Van der Linden v. Rhynold, 2007 NSCA 72
Date: 20070613
Docket: CA 275596
Registry: Halifax
Between:
Andreas Julianus Van der Linden
Appellant
v.
Carol Christina Rhynold
Respondent
Judge: The Honourable Justice Nancy Bateman
Appeal Heard: May 30, 2007
Subject: Variation of Maintenance
Summary: The mother applied to vary child support paid pursuant to a Corollary Relief Judgment. The court varied support to comply with the Child Support Guidelines Table Amount, imputing annual income to father in confusing financial circumstances. In addition, the judge ordered the father to set aside funds from capital for the child’s future education and to contribute to that fund on a monthly basis.
Issues: The father appealed on the basis that the court, in these circumstances, had no jurisdiction to order an education fund in addition to the table amount of support.
Result: Appeal allowed. Without determining that circumstances can never arise where a payor of child support can be ordered to set aside an amount for future educational expenses, the judge erred in doing so on the facts as found here.