SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Lamarche v. Lamarche, 2011 NSSC 72
Date: 20110223
Docket: SFHMCA‑035030
Registry: Halifax
Between:
Shawn Lamarche
Applicant
v.
Kimberly Lamarche
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Beryl MacDonald
Heard: February 2, 2011 in Halifax, Nova Scotia
Subject: Family- application to vary custody, primary care, child maintenance both retroactively and ongoing, and forgive child maintenance arrears; determination of income; imputing income.
Legislation: Maintenance and Custody Act, R.S.N.S. 1989, c. 160
Summary: Father requested a change to the custody and primary care provisions of a previous order and to the child maintenance provisions; Mother requested to be forgiven payment of child maintenance for the period of time when their son lived with his Father and requested that income be imputed to the Father for ongoing child maintenance.
Issue: Has there been a material change in circumstances justifying a variation of the previous order?
Does the court have jurisdiction to “forgive” arrears?
Result: There was no material change in circumstances justifying a variation to the
custodial and primary care provisions of the previous order. The Mother
was to pay child support to the Father for the six month period when their son had lived with him but this was set off against child support owed by the Father to the Mother as a result of the court imputing income to him.
The court does not have jurisdiction to “forgive” arrears.
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