Illingworth v. MacIntyre, 2023 NSSC 105

IN THE SUPREME COURT OF NOVA SCOTIA Citation: Illingworth v. MacIntyre, 2023 NSSC 105 Date: 20230324 Docket: 1201-071561 Registry: Halifax Between: Douglas James Illingworth Petitioner and Patricia “Blaire” MacIntyre Respondent Judge: Associate Chief Justice Lawrence I.

O’Neil Heard: February 28 and March 1, 2023 in Halifax, Nova Scotia Counsel: Douglas Illingworth, Self-Represented Hannah Rubenstein, Counsel for Patricia MacIntyre By the Court [ 1 ] These are partial reasons complementing oral reasons already delivered. [ 2 ] The Court rendered an oral decision in this matter following completion of a variation hearing on Tuesday, February 28 and March 1, 2023.

The Court ruled a change of circumstances conferred jurisdiction on the Court to consider the parties’ request for changes to the parenting arrangement governing their son, born March 7, 2015 and to consider the ongoing and past child support obligations of the parties – including special expenses relevant to their son. [ 3 ] The Court concluded relatively minor changes to the parties 2020 Corollary Relief Order were warranted. [ 4 ] The primary care of the child will continue to rest with the child’s mother who lives in the Baddeck area.

The child’s father will continue to have parenting time every other weekend when possible and most long weekends over the school year.

[ 5 ] Some changes to the status quo parenting order were made. The reasons for these changes were placed on the record as part of the oral decision delivered on March 1, 2023. In particular, the parenting provisions of the 2020 order were varied to provide: (

a) The parties shall communicate by e-mail once each week to update each other on matters relevant to their child unless there is something noteworthy that should be communicated earlier than the scheduled e-mail exchange. (

b) The parties shall ensure the child, when in his mother’s care, is available to communicate with his father by video at 7:00 p.m. on Wednesday and 7:00 p.m. on Sunday; in the event the call cannot happen, the communication will occur the next day at 7:00 p.m. (

c) The child shall call the ‘other’ parent on his birthday at 7:00 p.m. or on the ‘other’ parent’s birthday, as the case may be. (

d) The parties shall, in good faith, take reasonable steps to support the child’s communication and relationship with his grandparents and extended family on both sides of the child’s family. [ 6 ] The ultimate determination of Mr. Illingworth’s financial obligations to his child was not made at the conclusion of the hearing. [ 7 ] I am satisfied that for the year 2021, Mr. Illingworth should not be relieved of the child support obligation outlined in the CRO dated November 2020.

The Court is not persuaded that he has made full disclosure of his income in 2021. [ 8 ] For the year 2022 and to date in 2023, I am satisfied Mr. Illingworth’s income should be set at $59,963.00. [ 9 ] His income in 2022 was derived from at least three sources: employment, the Workers Compensation Program and the Skills Development Program he continues to be enrolled in. [ 10 ] I am satisfied Mr. Illingworth is a well-motivated and caring parent and will direct financial resources to his child when available. It does appear that he is poorly organized.

He did say he has a cognitive impairment but did not offer much evidence to explain how that impairs him, if at all. [ 11 ] As a result of Mr. Illingworth’s ongoing obligation to pay child support and to pay down the arrears of child support and his substantial access costs and the substantial financial obligation over the summer when his son lives with him for seven (7) weeks, I am satisfied he should not be ordered to contribute to s.7 expenses. [ 12 ]

Section 7 of the Federal Child Support Guidelines permits the Court to assess the reasonableness of expenses and the resources of the parties when deciding whether a parent should contribute to their child’s special and extraordinary expenses. [ 13 ] Ms. MacIntyre’s current income is approximately $50,000; she receives a childcare benefit from the Government of Canada and is to receive child support of $512.00 each month. [ 14 ] Mr.

Illingworth is completing an education program and will be required to budget for the payment of child support; child support arrears and outstanding Court costs. [ 15 ] For the foregoing reasons, Mr. Illingworth is assigned the following financial obligations: 1. Should Mr. Illingworth receive ‘back pay’ as a result of his appeal of a decision to terminate his WCB income, the entire amount shall be applied against the outstanding amount of child support arrears existing at that time. He shall inform Ms. MacIntyre of the

success of his appeal within one week of learning the same. 2. Beginning June 1, 2023, Mr. Illingworth shall pay $100 on the 1 st day of each month on outstanding child support arrears until they are paid in full or until further order of the Court. 3. Beginning June 1, 2023, Mr. Illingworth shall pay $125 on the 1 st day of each month on the outstanding Court costs until they are paid in full or until further order of the Court. 4. Mr.

Illingworth shall pay child support in the amount of $512.00 on the 1 st day of each month as ongoing child support up to and including the 1 st day of May 2023 based on an income of $59,963.00 effective January 1, 2022. 5. Prior to the last business day in April 2023, Mr. Illingworth shall disclose to Ms. MacIntyre his 2022 Income Tax Return with attachments and his Notice of Assessment for 2022. He must file the same with the Court at Halifax by the same date. 6. Mr. Illingworth shall participate in a Court conference call with Ms.

MacIntyre and me to discuss his income level and employment status as of the date of the conference. That conference is scheduled for April 13 th , 2023 at 12:30-1:30 p.m. ACJ