Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Ponsford v.  Eknes, 2008 NSSC 290

 

Date:   20081003

Docket: 1201-56437, SFHD-013797

Registry: Halifax

 

 

Between:

Paul Ponsford

Petitioner

v.

 

Sissel Eknes

Respondent

 

 

LIBRARY HEADING

 

Judge:                            The Honourable Justice Beryl MacDonald

 

Heard:                            September 8, 2008, in Halifax, Nova Scotia

 

Written Decision:  October 3, 2008

 

Subject:                Family Law, Divorce Act, Variation of a Corollary Relief Judgment incorporating a Separation Agreement, child support, spousal support

 

Summary:             The Petitioner requested a change to the parenting arrangements and child support  provided in the Corollary Relief Judgment because the parties had a shared parenting arrangement and he had reduced income. He resisted the Respondent’s claim for arrears of spousal support based on his reduced income. 

 

Issue:          Were there any changes in circumstances since the grant of the Corollary Relief Judgment?


Did the Petitioner’s financial circumstances entitle him to a reduction in spousal support that would nullify the arrears?

 

Result:                  There were no changes circumstances justifying a variation to the provisions of the Corollary Relief Judgment.

The Petitioner’s reduced income had been considered when the Corollary Relief Judgment was granted. Based on his circumstances since then he had ability to pay the required spousal support.               

 

 

 

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