Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

 

Citation: Gagnon v. Gagnon, 2011 NSSC 486

 

Date: 20111230

Docket: 1201-064264, SFHD-068425

Registry: Halifax

 

 

Between:

Lori-Ann Marlin Gagnon

Applicant/Petitioner

v.

 

Robert Ronald Gagnon

Respondent

 

 

 

LIBRARY HEADING

 

 

Judge:                         The Honourable Justice Beryl MacDonald

 

Heard:                                    November 7, 8, 9 and 10, 2011, in Halifax, Nova Scotia

 

Written Decision:                   December 30, 2011

 

Keywords:                              Family Law, Divorce Act, Shared parenting, Federal    

child support guidelines, Spousal support, Division of matrimonial property

 

 

Legislation:                            The Divorce Act,  R.S. , 1985, c.3

Federal Child Support Guidelines, s. 9

Matrimonial Property Act , R.S.N.S. 1989, c. 275, s.13

 

Summary:                               Although the parents were in conflict shared parenting was appropriate, with a review date, to determine whether the conflict had been minimized. If custody and primary care were granted to the Mother, she would have no reason to develop a better relationship with the Father and the likely result would be steady alienation of the children from the Father.

 


Section 9 of the Federal Child Support Guidelines was considered                                         and the set off was appropriate.

 

Almost ½ of the Father’s pension benefits were earned 

before the parties marriage. That marriage lasted 9 years. Two children were born of the relationship. The Mother worked during most of the marriage and was now 37 years old. She had secure employment, was not financially dependent upon the Father,  and was accumulating her own pension. No division was made of the premarital pension benefits.

 

 

 

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