Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation:  MacDonald v. Pink, 2011 NSSC 421

 

Date: 20111115

Docket: SFNSF-006545

Registry: Sydney, Nova Scotia

 

Between:

Susan “Nicole” MacDonald

Applicant

v.

 

David Pink

Respondents

 

 

LIBRARY HEADING

 

Judge:             The Honourable Justice Theresa Forgeron

 

Heard:                        June 10, 2011, in Sydney, Nova Scotia

 

Written Decision:       November 15, 2011

 

Subject:                       Family Law

 

Issues:                        Imputation of Income, Section 7 add ons, and Retroactive Support.

 

Result:                        Income imputed to father where he was underemployed and where the underemployment was not related to reasonable health or educational needs.  Activity expenses refused, while health expenses granted on a prorata basis.  Retroactive maintenance awarded where the father acted in a blame worthy fashion, mother had a reasonable excuse for the delay, child required the retroactive maintenance, and where the father had the ability to pay.  Parties directed to provide submissions on cost.

 

 

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