Family Court

Judge:

The Honourable Judge John D. Comeau, JFC

Heard:

October 3, 2013 at Comeauville, Nova Scotia

Summary:

Separation Agreement / Child and Spousal Support Variation

Result:

The parties have a Separation Agreement registered in the court.  At the time of entering into the Agreement the Respondent mother was unemployed.  She has since become employed.  There are two children of the marriage and each has primary care of one.  The Applicant father is a contractor with a 50% share in a company set up for this purpose.  The Applicant arbitrarily reduced child and spousal support when the Respondent became employed.  The Applicant asks to have spousal support terminated and table child support.

The Applicant’s annual income was determined to be $44,585.14 after the Court considered the profit and loss statement of the Applicant’s company and dividends and income received therefrom.  Table amount of child support was ordered payable as a set off considering the Respondent’s annual income was $25,072.37 (see Contino v. Leonilli – Contino [2005] 3 SCR 217)

Following a consideration of Miglin v. Miglin 2003 SCC 24 (CanLII) and Moge v. Moge 1992 CanLII 25 (SCC) the Court varied the Agreement (now a F.C. court order) to order spousal support of $500.00 indefinitely.  This award was made considering section 4 and 5 of the Maintenance and Custody Act and the spousal support advisory guidelines.