SUPREME COURT OF NOVA SCOTIA
Citation: Cunningham v. Cunningham, 2012 NSSC 91
Date: 20120302
Docket: 1202-001904 (073766)
Registry: Amherst
Between:
Michael Anthony Cunningham
Petitioner
v.
Nancy Kathleen Cunningham
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Cindy A. Bourgeois
Heard: December 20 and 21, 2011, in Amherst, Nova Scotia
Written
Decision: March 2, 2012
Issues: (1) Divorce;
(2) Matrimonial property division;
(3) Shared custody sought;
(4) Child support, including considerations of imputing income and
retroactive award;
(5) Spousal support.
Summary: Divorce granted. Certain assets excluded from division as clearly
“business assets”. Request for unequal division denied. Shared
parenting arrangement ordered notwithstanding one parent alleging
communication difficulties. Court found it was not that parent who
was the source of the difficulties, which would be lessened by a
shared parenting regime.
Income imputed to self-employed father. Review date permitted
given mother’s employment status at the time of trial. Child support
set, but not on a straight “set-off” basis.
Retroactive child support ordered. No spousal support.
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