Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

 

Citation: Lubin v. Lubin, 2012 NSSC 31

 

Date: 20120119

Docket: 1201-064422, SFHD-069303

Registry: Halifax

 

Between:

Sonia Rene Lubin

Applicant/Petitioner

v.

 

Samile Junior Lubin

Respondent

 

LIBRARY HEADING

 

Judge:             The Honourable Justice Beryl MacDonald

 

Heard:                        September 15 and 16, 2011, in Halifax, Nova Scotia

 

Keywords:                  Family, custody, shared parenting, child support, children’s wishes,                                division of matrimonial property and debt, contribution to monthly mortgage payment, occupation rent

 

Legislation:                The Divorce Act,  R.S. , 1985, c.3, s.16 (10)

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

Federal Child Support Guidelines, s. 9

 

Summary:                   Father requested custody of the parties 14 year old son. Mother requested                                continuation of shared parenting arrangement. The child was interviewed by the presiding justice. A shared parenting arrangement with a detailed parenting plan was ordered. Child support was calculated by the set off.

The Father requested several debts be shared by the Mother including his post separation payments of the monthly mortgage. The Father provided insufficient proof of the debts for which he sought contribution. He request to have the Mother share the post separation mortgage payments was denied.

 

 

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