Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation:  Young v. Marshall, 2011 NSSC 50

Date: 2011/02/04

Docket: 1206-004432

Registry: Sydney

Between:                               

Wanda Young

Applicant

v.

 

Andrew Kenzie James Marshall

 

Respondent

 

LIBRARY HEADING

 

Judge:             The Honourable Justice Theresa Forgeron

 

Heard:                        January 17, 2011 in Sydney, Nova Scotia

 

Written Decision:      February 4, 2011

 

Subject:                      Family Law

 

Issues:             Ms. Young seeks to retroactively increase child support and to impute income to Mr. Marshall because of the tax free nature of his income, and because of his failure to supply income information.

 

Result:                        A retroactive child support order is granted based upon income imputed to Mr. Marshall because of the tax free nature of his income, and because Mr. Marshall failed to supply the court and Ms. Young with income information when under a legal obligation to do so.  Ongoing child support in the amount of $983 per month is granted based upon an imputed income of $70,000 effective January 1, 2011.  Retroactive child support is granted in the amount of  $12,784, which shall be payable at a rate of $200 a month until the retroactive award is paid in full, together with any arrears which have arisen under the last order.

 

 

 

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