Court of Appeal

Decision Information

Decision Content

                           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.                

 

 


 

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