SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Muise v. Fox, 2011 NSSC 258
Date: 20110630
Docket: SFH MCA 075135
Registry: Halifax
Between:
Margaret Elizabeth Muise
Applicant
v.
Leonard Walter Fox
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Elizabeth Jollimore
Heard: June 21, 2011
Summary: Mother applied for interim spousal and child maintenance. Two children lived in shared parenting arrangement. Father’s request to calculate the mother’s income to include CCTB and HST was dismissed. Mother sought interim spousal maintenance at the “high” range from the Spousal Support Advisory Guidelines.
Key words: family, interim child and spousal maintenance, shared parenting, Spousal Support Advisory Guidelines
Legislation: Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3
Federal Child Support Guidelines, SOR/97-175, s. 9
Income Tax Act, R.S.C. 1985 (5th Supp.), c. 1, sections
122.6, 122.61(1.1)
Maintenance and Custody
Act, R.S.N.S. 1989, c.
160, sections 3(2), 3A(1),
3A(2), 9
Child
Maintenance Guidelines, N.S. Reg. 53/98, section 16
Result: Interim child maintenance of $900.00 awarded. Father to pay sports costs in addition. Interim spousal maintenance of $300.00 awarded.
THIS INFORMATION SHEET DOESN’T FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.