SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Richards v. Richards, 2013 NSSC 127
Date: 20130424
Docket: 77175
Registry: Sydney
Between:
Alexis Richards
Applicant
v.
Donald Richards
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Theresa M. Forgeron
Heard: January 15 and 16, 2013, in Sydney, Nova Scotia
Oral Decision: April 24, 2013
Written Decision: April 26, 2013
Subject: Family Law
Issue: Impact of alleged agreement on retroactive support claim.
Retroactive child support.
Result: Parents are not permitted to barter away child support. No agreement because no consensus ad idem, no disclosure, no independent legal advice, and power imbalance.
Retroactive child support of $17,000 awarded where mother had reasonable excuse for failing to bring an application earlier; where father acted in a blameworthy fashion; where mother had a past and present need for child support; and where father could pay retroactive award over time.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.