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