IN THE FAMILY COURT OF NOVA SCOTIA
Citation: M.L.A.R., v.G.T.R., 2011 NSFC 7
Date: 20110322
Docket: FYMCA - 038252
Registry: Yarmouth
Between:
MLAR and WER
- Applicants
v.
GTR(F) and JPJ
- Respondents
LIBRARY HEADING
Judge: The Honourable Judge John D. Comeau
Heard: Yarmouth, Nova Scotia, February 2, 2011
Decision Date: March 2, 2011
Issue: Duty of parents and “guardians” to provide child support and a contribution to special expenses. Apportionment of special expenses between parents and guardians.
Summary: The guardians had de facto custody of a child 18 months after his birth (February16 1996). They applied for custody in 2005 and the matter was adjourned without date after numerous court appearances. In November of 2010 the guardians applied for child support and special expenses for orthodontic treatment.
Result: As a remedial solution the custody application was brought forward by the Court. It was in the child’s best interest that custody be granted to the guardians as of 2005. The parents did not oppose this. Child support was ordered to be paid by the parents as per the child support tables. This did not amount to excessive child support because of the parent’s minimal income.
Special expenses were apportioned three ways with the guardians being required to pay for the child’s contribution (see section 7(2) of the N.S. Child Maintenance Guidelines).
As a result of the parties being unrepresented the Court provided them with a payment schedule.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.