(FAMILY DIVISION)
Citation: Webster v. Goncalves, 2012 NSSC 197
Date: 20110517
Docket:1201-060606
Registry: Halifax
Between:
Rachel Marie (Goncalves) Webster
Petitioner/Applicant
v.
Ernesto Serralheiro Goncalves
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Carole A. Beaton
Date of Hearing: March 5, 2012
Date of Decision: May 17, 2012
Issues: Application to Vary Corollary Relief Judgment, specifically: (i) table amount of child support, retroactively and prospectively; (ii) retro-active contribution to s.7 childcare expenses. Has there been a change in circumstances that would justify a change to either aspect of the Order? If so, what adjustments to the Respondent’s child support and/or child care obligation might be appropriate?
Summary: The Applicant payee sought increased retroactive child support and a retroactive contribution to child care expenses. A change in circumstances was found to exist. The Respondent was found to be in arrears of child support. The Respondent was not required to make a retroactive contribution to child care. The Respondent’s obligation to contribute to on-going childcare was suspended given recent changes to his financial situation, which also dictate imputation of income and a reduction in the quantum of child support going forward.
Keywords: Divorce Act; Family-imputing income; Family-child support-application to vary; Family - child support -retroactive; Family - child support; Section 7 expenses.
Legislation: Federal Child Support Guidelines, SOR/97-175
Divorce Act, R.S.C. 1985, c.3
Caselaw: Staples v. Callendar, 2010 NSCA 49
Anderson v. Anderson, 2011 NSSC 504
D.B.S v. S.R.G; L.J.W v T.A.R; Henry v. Henry; Hiemstra v. Hiemstra, 2006 SCC 37
Conrad v. Skerry, 2012 NSSC 77
T. (D.M.C.) v. S.(L.K.), 2008 NSCA 61
Cooke v. Cooke 2012, NSSC 73
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.