(FAMILY DIVISION)
Citation: Clarke-Boudreau v. Boudreau 2013 NSSC 173
Date:20130606
Docket:SFHMCA-081210
Registry: Halifax
Between:
Sarah Jane Clarke-Boudreau
Applicant
v.
Gilles Boudreau
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Carole A. Beaton
Date of Decision: June 5, 2013
Issues: 1. What parenting arrangement is in the best interests of the children?
2. What is the appropriate quantum of child support payable prospectively and retroactively (if any)?
3. What is the appropriate quantum of section 7 Guideline special expenses payable by each party prospectively and retroactively (if any)?
Summary: Fact driven case. Equal shared parenting arrangement determined to be in best interests of children. Child support only able to be calculated on a simple set-off basis. Child support-arrears owing. Section 7 expenses to be shared equally as per the previous agreement of the parties, with no arrears owing.
Keywords: Family; Family-child custody-joint; Family-child support; Family-child support-retroactive; Maintenance and Custody Act; Section 9 expenses.
Legislation: Maintenance and Custody Act, 2000 R.S.N.S c.160.
Federal Child Support Guidelines, SOR/97-175
Caselaw: Foley v. Foley (1993) 124 N.S.R. (2d) 198 (N.S.S.C)
Burgoyne v. Kenny, 2009 NSCA 24 (para.24).
Murphy v. Hancock, 2011 NSSC 197
Gibney v. Conohan, 2011 NSSC 268
Contino v. Leonelli-Contino, [2005]35 S.C.R.217
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.