Supreme Court of Nova Scotia
(FAMILY DIVISION)
Citation: Kyte v. Clarke, 2014 NSSC 133
Date:20140716
Docket: 1206-4363
Registry: Sydney
Between:
Sheila Kyte
Petitioner
v.
Richard Clarke
Respondent
Library Heading
Judge: The Honourable Justice M. Clare MacLellan
Heard: September 24, 2012; October 11, 2012; May 8, 2013; and January 29, 2014, in Sydney, Nova Scotia
Submissions Closed: July 8, 2013
Oral Decision: January 29, 2014
Written Decision: July 16, 2014
Subject: Family Law
Summary: Respondent refused to disclose net rental income and number of rental units. Guideline 19 imputation of rental income made. Child support arrears set to date of Respondent’s refusal to disclose. Applicant’s s. 7 child support for university was inflated. Applicant’s treatment of R.E.S.P. was altered to credit each parent with 50/50 credit.
Issues: Imputation, Rental Property Income, Non-Disclosure delay, Self-Represented, Costs
Result: Respondent ordered to pay retroactive s. 3 child support back to date of his refusal to disclose as required by Consent Order. University budget and R.E.S.P. allolcations are corrected. Respondent not required to pay an additional s. 7 for university but required to pay proportionate share of cost of Driver’s Education.
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