Family Court

Decision Information

Decision Content

IN THE FAMILY COURT OF NOVA SCOTIA

Citation: L.L.F. v. J.D., 2004 NSFC 19

 

Date: 20041201

Docket: 02Y018903

Registry: Yarmouth

 

Between:

L.L.F.

Plaintiff

v.

 

J.D.

Defendant

 

 

LIBRARY HEADING

 

Judge:             The Honourable Chief Judge John D. Comeau

Chief Judge of the Family Court of Nova Scotia

Heard:                        July 21, 2004 in Yarmouth, Nova Scotia

 

Final Written

Submissions:              Final Brief received November 15, 2004

 

Written Decision:      December 1, 2004

 

Subject:                      Determination of Household Income for standard of living calculation

 

Summary:                  The parties filed financial information with the Court and the Respondent claimed undue hardship. He passed the first test because of a requirement to pay spousal and child support for another child. In order to determine whether the Respondent was entitled to a departure from the guidelines by virtue of undue hardship, a schedule II calculation of standards of living was required.

 

Issue:                                                         What was household income for the purpose of calculation of standards of living.

 

 

 

 

 


Result:               The Court allowed the Applicants common law spouses income to be adjusted downward because of child support payable and a commitment to an insurance trust for the children. His income is considered household income under schedule II.

 

The Respondents income was from self-employment and the Court discussed how such income should be treated as reiterated in Snow v. Wilcox (Snow), 1999 NSCH 163 Flinn J.A.. It was determined that the Applicant had a lower standard of living but pointed to the fact there was not a large difference in both ratios. Even if the Respondents ratio was lower, given the corporate benefits he received or was able to obtain, the payment of guideline support would not cause undue hardship.

 

 

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