Supreme Court

                        IN THE SUPREME COURT OF NOVA SCOTIA

                       Citation:  Mason-Cramm v. Cramm, 2008 NSSC 308

                                                                                                     Date: 20081027

                                                                         Docket: 1201-61929(SFHD-54086)

                                                                                                   Registry:  Halifax

Between:

                                           Marcienne Mason-Cramm

                                                                                                               Petitioner

                                                             v.

                                             Dennis Edward Cramm

                                                                                                            Respondent

Judge:                   Leslie J. Dellapinna, J.     

Subject:                 Divorce, division of matrimonial assets and debts, child       support (including retroactive child support)  and spousal   support.

Summary:             The parties were married for approximately twenty-four years during which they had four children now age 23, 21, 18 and 17.

Both parties sought ownership of the matrimonial home.  The                 wife also sought child support for the oldest and the youngest            children (including retroactive support) and spousal support on                          both a compensatory and non-compensatory basis.

Issues:                   The division of matrimonial assets and debts, child support and spousal support.

Result:                  The matrimonial assets and debts were divided equally. Because the Petitioner (wife) and two of the children were still residing in the matrimonial home and had been since an interim exclusive possession order was granted to her the previous year she was given the opportunity to keep the home.  No retroactive child support was ordered. 

It was concluded that the oldest child was not a “a child of the marriage”.  She was 23, had an undergraduate degree and was working full-time and was able to pay her own expenses.  She planned to return to university in September 2009.  A determination could be made at that time as to whether she was then a “child of the marriage”  and if child support should then be paid.

Child support for the youngest was ordered pursuant to the Child Support Guidelines. A portion of the Respondent’s income was comprised of a tax free veteran’s pension.  Pursuant to subsection 19 (1) (b) of the Child Support Guidelines his veteran’s pension was grossed up to an equivalent pre-tax figure and added to his income before the table amount was calculated.           

Spousal support on a non-compensatory basis was ordered with a review to occur in approximately one year “with a view at that time to reducing if not terminating the Petitioner’s spousal support entitlement”. The Petitioner was an R.N.. She admitted that there are many employment positions available for nurses with her qualifications and there was nothing preventing her from working in one of those positions.