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                                          SUPREME COURT OF NOVA SCOTIA

                                      Citation: Campbell v. Campbell, 2005 NSSC 184

 

                                                                                                                                  Date: 20050629

                                                                                                                         Docket: SKD 032008

                                                                                                                             Registry: Kentville

 

Between:

                                                        Jacqueline Nicole Campbell

                                                                                                                                             Petitioner

                                                                            vs.

 

Jeffrey Victor Campbell

                                                                                                                                         Respondent

 

                                                                LIBRARY HEADING

 

 

Judge:             The Honourable Justice Arthur J. LeBlanc

 

Heard:                        February 28, 2005,  in Kentville, Nova Scotia

 

Subject:                      Divorce Proceeding   

 

Summary:                  The parties sought a divorce and an order for child support.  There was a shared custody arrangement, with the children spending half the time with each parent.  The mother argued that the father should pay the Child Support Guidelines amount.  The father argued that no child support should be payable because the mother was able to split costs with her partner and he had incurred extra costs on account of the shared custody arrangement.  In the alternative, he argued for a reduction of the Guidelines amount to reflect his increased costs and his maintenance of the family health plan.  The mother also sought retroactive child support.  The father had unilaterally stopped paying child support as required by a separation agreement.

 

Issue:                          1.  Was the father required to pay child support?  If so, in what amount?

2.  Was the father required to pay retroactive child support?

Result:                        1.  Based on Section 9 of the Guidelines, dealing with shared custody, the father was ordered to pay child support in an amount less than the table amount.  The reduction reflected the respective incomes of the parties, the additional expenses incurred by the father as a result of shared custody and the relative standards of living of the parties.

 

2.  The father was ordered to pay retroactive child support.

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