Supreme Court

Decision Information

Decision Content

 

SUPREME COURT OF NOVA SCOTIA

(Family Division)

Citation: Blackburn v. Pace, 2013 NSSC 201

 

 

Date: 20130626

Docket:  SFHF 012802

Registry: Halifax

 

 

Between:

Theresa Michelle Elizabeth Blackburn

Applicants

and

 

Andrew David Pace, Melissa Pace

Respondent

LIBRARY HEADING

Judge:                               The Honourable Associate Chief Justice Lawrence I. ONeil

 

Hearing:                                                      May 17th, 2013 (a Binding Settlement Conference)

 

Issues:                    Whether the parties shared parenting arrangement will result in the payor parent paying less than the table amount of child support.

 

Summary:                                                   The Court found, after applying the Contino analysis, that the full table amount of child support should continue to be paid.  The payee parent was unable to work because of a disability and the payor parent was earning more than $50,000 per year.  The shared parenting arrangement did not significantly reduce the payee parents cost of raising the parties child and it was important that the standard of living in her home not be negatively impacted by a reduction of child support.  The Courts ruling follows a Binding Settlement Conference in which the parties agreed upon a shared parenting arrangement but were unable to agree on whether that new arrangement would result in a reduction of child support.

 

Keywords:                                                 Shared parenting; child support

 

Legislation:                            Maintenance and Custody Act, R.S.N.S. 1989 c.160

Child Maintenance Guidelines, N.S. Reg 53/98

Child Support Guidelines, SOR./97-175

 

Cases Considered:                  Contino v. Leonelli‑Contino, 2005 SCC 63

 

                                                                               

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

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.