SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Wilman v Sutton, 2015 NSSC 172
Date: 20150612
Docket: SFHMCA-068650
Registry: Halifax
Between: Nancy Ann Wilman
Applicant v.
Jerome John Sutton
Respondent
________________________________________________________________________ LIBRARY HEADING
Judge: The Honourable Justice Beryl MacDonald
Heard: April 9, 10 and 27, 2015, Halifax Nova Scotia
Keywords: Family, Variation, Custody, Shared Parenting, Child Maintenance – retroactive and ongoing, Imputing Income, Change of Child’s Surname
Legislation: Maintenance and Custody Act, R.S.N.S. 1989, c.160
Change of Name Act, R.S.N.S. 1989, c.66, s. 10 (1) (h)
Summary: Parents were unable to implement previously ordered parenting plan. The Father requested joint custody with 50% shared parenting. The Mother wanted sole custody, access to the Father every second weekend from Friday evening until Monday morning with no mid-week access, a retroactive recalculation of child maintenance and a change to the child’s surname. The parents were to continue to have joint custody. The Father would have access every second weekend and mid-week access under a detailed parenting plan. Child maintenance was retroactively recalculated but not by using a strict mathematical calculation from the child maintenance guidelines. The Father was underemployed and income was imputed to him. The child’s surname was not changed.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.