Supreme Court

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: MacKenzie v. Paul, 2010 NSSC 47

Date: 20100204

Docket: 1202-001544

Registry: Amherst

Between:

Roderick Daniel MacKenzie

Applicant

v.

Kathryn Lee Paul

Respondent

LIBRARY HEADING

Judge:                   The Honourable Justice Douglas L. MacLellan

Heard:                  January 21^st, 2010, in Amherst, Nova Scotia

Subject:                Family law, application to vary child support order.

Summary:             Child support of $511.00 per month set in 2006 based on applicant’s income of $60,000.00 per year while working in the Yukon Territory. 

Following making of that order applicant was injured and went on Workman’s Compensation benefits.  His income varied and was below $60,000.00 for the years 2006 to 2008.

In 2008 he moved to Nova Scotia and started working at a job which would generate $45,700.00 per year, but in 2009 he quit that job and started a new job which would generate $31,000.00 per year.  He asked the Court to retroactively vary his obligations between 2006 and 2008 and to set his current order based on his current income.

Issue:          1.  Should Court retroactively vary his obligations during the years while his income was reduced?

2.  Should Court impute income because the appellant was underemployed?

Result:                  No change in order up to the end of 2008.  For 2009 imputed income of $45,700.00 to be used to determine arrears and the amount of the ongoing order.

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.  QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.