Supreme Court

Decision Information

Decision Content

SUPREME COURT OF Nova Scotia

FAMILY DIVISION

Citation: B.M. v. A.L.G., 2014 NSSC 443

Date: 20141216

Docket: SFSNMCA84478

Registry: Sydney, NS

Between:

B M

Applicant

v.

A “L” G

Respondent

 

LIBRARY HEADING

 

Judge:                                     The Honourable Justice Theresa M. Forgeron

 

Heard:                                    December 2 and 3, 2014, in Sydney, Nova Scotia

 

Oral Decision:                        December 16, 2014

 

Written Decision:                  December 22, 2014

           

Subject:                                  Family Law                

 

Issues:                                     Child Support; calculation of income; s. 7 university expenses; retroactive payment

 


Result:                                    Cash transactions from mowing lawns to be included as income.  No imputation because payor had obligation to report cash transactions to Revenue Canada.  Cash transactions are not exempt income.

 

                                                S. 7 university expenses not awarded where student’s resources exceeded the cost of the university expenses.

 

                                                Retroactive payment granted given the failure of payor to accurately report income, the needs of the children, and the fact that any hardship was self-induced and was mitigated by a repayment schedule.

 

 

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