Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: S.J. v. S.P., 2008 NSSC 104

 

Date: 20080409

Docket: SFHMCA-054732

Registry: Halifax

Between:

S. J.

Applicant

v.

 

S. P.

Respondent

 

 

LIBRARY HEADING

 

Judge:             The Honourable Justice Moira C. Legere Sers

 

Heard:                        April 7, 2008, in Halifax, Nova Scotia

 

Subject:                      Assessment of arrears.

 

Summary:                  Retroactivity

 

Issue:                          The payor became disabled in 2003.  Arrears existed on an order for child support in April, 1999.  Should all arrears be forgiven?

 

Result:                        The arrears were recalculated based on actual income since the original order and fixed.  A moritorium was placed on collection due to the payor’s current disability.  The onus was placed on the disabled payor to report to the mother if and when his financial situation improved.

 

 

 

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