TE v. ND, 2021 NSSC 169

SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: TE v. ND , 2021 NSSC 169 ENDORSEMENT April 29, 2021 2021 NSSC 169 - SFHMCA-056290, TE and ND Decision: The parties shall have joint custody of L and Ms. D shall have parenting time with L one weekend of every month. L may be involved in choosing the weekend she prefers to visit with Ms. D. Mr. E will facilitate half the transportation for Ms. D’s parenting time with L. N remains a dependent child over 19 while he is engaged in full time studies. Ms. D will pay the table amount of child support for L and Mr.

E will pay the table amount of child support for N with either party paying the set-off depending on their respective incomes. The retroactive child support owed by Mr. E to Ms. D as of the end of April 2021 is $6,356 .00 Ms. D and Mr. E will contribute $171 per month to N for extraordinary post-secondary expenses between January 2020 and December 2023. The retroactive post-secondary expenses owed by Ms. D and Mr. E to N is $2,408.00 for each party, up to and including April 2021 (January 2020 – April 2021). Reasons: 1 .

There are two children of the relationship, N born January […], 2000 and L born September [..], 2004. Since 2007 and prior to July 2020 both children resided primarily with Ms. D. N continues to live primarily with Ms. D. 2 . On April 10, 2019, TE filed a Notice of Variation Application seeking to vary the Consent Variation Order granted in April 2012. Mr. E asked the Court to terminate child support for N as of his nineteenth birthday on January […], 2019. 3 . Ms. D received Mr.

E’s Variation Application on May 23, 2019, and on June 17, 2019, she filed a Response to his Variation Application requesting changes to the Consent Variation Order granted in April 2012: 4 . At trial Ms. D did not request child support for N after he turned nineteen in late January 2019 until N started his four-year post- secondary program in January 2020. 5 . Ms. D requested the Court review and adjust the table amount of child support for both children based on TE’s annual income for child support retroactive to January 2014. Ms. D claimed she was unaware of the increases in Mr. E’s income over the years. 6 .

Ms. D did not initially ask this Court to review special or extraordinary expenses. In her Affidavit sworn June 17, 2019, Ms. D stated that L continued to be active in Jiu Jitsu and Muay Thai and argued that Mr. E’s payment of $171 per month (initially related to after school care) should continue. 7 . In Ms. D’s submissions filed leading up to trial in 2021, Ms. D stated that L was “very active” attending mixed martial arts approximately three hours per day up until March 2020 and argued that the $171 in special or extraordinary expenses for L were valid to that point. 8 . At trial Mr.

E argued there was insufficient evidence to support continuing the $171 payment for L’s special or extraordinary expenses after 2016. Interim Consent Order Child Support 9 . On September 18, 2019, an Interim Consent Variation Order (child support only) was granted which included the following terms: Prospective child support based on Mr. E’s annual income for child support of $53,200.00, attracting a monthly payment of $452.00 for L beginning October 1, 2019;

N ceased to be a dependent child as of May 15, 2019; The table amount payable for both N and L prior to May 2019 of $500.00 (per Consent Variation Order granted in April 2012) was changed to $452.00 as of May 15, 2019; That if Ms. D was going to pursue a retroactive claim back to 2014 Mr. E could pursue his claim that N was not a dependent child as of January […], 2019; The payment of special and extraordinary expenses of $171.00 per month was suspended pending Ms. D seeking a contribution from Mr.

E for L’s extracurricular activities; and It was agreed that if N returned to school after January 2020, he would be considered a dependent child and Ms. D would be seeking the table amount of child support for N and a contribution to N’s educational expenses. Application to Vary Parenting 10 . Without Ms. D’s permission or any notice to Ms. D, on June 20, 2020 while L was in Mr. E’s care, he took L to Ms. D’s home while Ms. D was not at home and he helped L gather her belongings. L has been residing with Mr. E since that date. 11 . On June 26, 2020, Mr.

E filed a Notice of Variation Application requesting relief in relation to custody and parenting arrangements for L and a variation in child support to reflect the change in parenting arrangements for L back to May 31, 2020. Mr. E requested Ms. D be ordered to pay child support for L based on Ms. D’s previous years’ income. Mr. E also asked to be released from the Maintenance Enforcement Program as a payee. 12 . On August 12, 2020, Ms. D responded to Mr. E’s Variation Application, expressing concern about L moving in with Mr. E, but not challenging L’s decision. Ms.

D requested the Court leave L with the option to return to Ms. D’s care. 13 . Ms. D requested the Court grant joint custody of L and order the parties to make joint decisions regarding L’s healthcare, education, extracurricular activities, and her travel outside of the province. Mr. E took the position that Ms. D should not be involved in any decision making in relation to L. 14 . Ms. D requested Mr. E facilitate meaningful contact for her with L and that Mr. E share in the responsibility of transporting L between their respective homes. Mr.

E is expected to make every effort to rehabilitate L’s relationship with her mother. Court ordered counseling services may be necessary if Mr. E is not able to encourage and support the rehabilitation of L’s relationship with her mother without professional assistance. The Court is open to reviewing this issue. 15 . At trial Ms. D expressed concern about Mr. E relocating out of the province with L. Mr. E has not advised Ms. D or the Court of any intention to relocate with L. Should Mr. E wish to relocate with L in the future he is required to give notice to Ms. D and obtain Ms. D’s consent. If Ms.

D objects, then Mr. E must obtain an Order from the Court. 16 . One of the expectations a Court may have if Mr. E plans to relocate with L is that Mr. E have a plan in place to ensure L has ongoing and meaningful contact with her mother. At the time of trial L was not having what this Court would consider meaningful contact with Ms. D. 17 . The outstanding parenting issues: a. Custodial arrangement for L. Ms. D has requested joint custody of L. Mr. E is seeking sole custody of L and does not agree that

Ms. D should have joint decision-making regarding L’s health care, education, extracurricular activities, or travel outside the province. He argued that L should be permitted to decide what information to share with her mother. b. Ms. D has asked for specified parenting time with L (weekends, March break, summer break and shared holidays) and for the parties to share the responsibility for transporting L for Ms. D’s parenting time. Mr. E argued that L should be permitted to decide when she wants to see her mother and that Ms. D should be responsible for all transportation for her parenting time with L. c. Ms.

D requests that the issue of L’s primary place of residence be left open for L to decide. That L be permitted to either continue to reside with her father or return to her mother’s home in Eastern Passage without explanation or notice to her, to Mr. E or to the Court. 18 . The parties acknowledge N continues to reside with Ms. D and that he started attending a full-time post-secondary program as of January 2020. Prospective Child Support for N (January 2020 onward) 19 . Mr. E requested this Court terminate Child Support for N. He argued that N can work, he has a student loan. Mr.

E stated that N has worked previously including working at Ski Martock and at Scotia Recycling and he is able to work. Mr. E argued that he should not pay child support for N and should be removed as a payor with the Maintenance Enforcement Office. 20 . Ms. D stated that N had not worked since 2018. Ms. D claimed N was unable to contribute to his education as he “struggles with a medical condition that hinders his ability to work therefore causing N to be fully dependent on Ms. D financially”. Ms.

D has acknowledged that N qualified for a student loan but argued that N should not be left having to pay the entire loan back. 21 . Ms. D filed a letter from Dr. Mayelin Figueroa regarding N dated March 4, 2021. Dr. Figueroa indicated in her letter: To whom it may concern: The patient named above has bene( sic ) under my medical care for the last 11 years and he suffers from severe mental illness which prevents him from being able to work. N has severe Generalized anxiety disorder and also has severe Mayor( sic ) depression. 22 .

The parties agree N has been enrolled in post-secondary studies since January 2020 and they acknowledged, as of the date of trial that he continues to participate in his program. I must determine if N is able to acquire the necessities without the assistance of his parents and whether he should cover his own post-secondary expenses. If he is not able to obtain the necessities without assistance from his parents or pay his post-secondary expenses, then I must determine what contribution if any should be made by his parents. 23 . Ms. D has requested the Court order Mr.

E to pay “ongoing child support for N” who is over 19 years old from January 2020, and assist with N’s post-secondary expenses until N completes a four-year bachelor-of-fine-arts degree. Prospective Child Support L (July 2020 onward) 24 . Mr. E is asking Ms. D to pay prospective child support for L beginning the end of May 2020. He is asking that Ms. D pay child support based on her yearly income and be enrolled as a payor with the Maintenance Enforcement Program. 25 . Mr. E has asked the Court to order Ms.

D to pay retroactive child support for L beginning in “June 2020 through to December 2020 in the amount of $3,150 based on Ms. D’s annual income for child support for 2019 of $53,030.00 ($400). He has also asked that the Court use Ms. D’s 2019 income to calculate child support for January and February 2021 in the amount of $900 for a total of $8,452.00”. Prospective Special or Extraordinary Expenses N

26. Ms. D is seeking special expenses for N beginning in January 2020 through to the end of N’s four-year program. Ms. D did notspecify what amount she was asking for in special expenses. 27. Based on the documents filed by Ms. D N received the following “awards” or grants: a. An “estimated award” of $7,261.00 and a service grant of $1,800 for a desktop including warranty and carry case printer for theterm starting January 2020 to April 2020. He paid $2000.00 and $800.00 to NSCAD University on February 3, 2020. b. An “estimated award” of $8,044.00 for term starting September – December 2020.

He paid $4000.00 and $521.00 to NSCADUniversity on September 15, 2020. c. An “estimated award” of $8,009 for term starting January 2021 and ending April 2021. He paid nothing to NSCAD University. Retroactive Child Support for January 2014 - January 2019 for N; until July 2020 for L 28. Ms. D has asked this Court to consider a retroactive variation to increase the table amount of child support for two children since theConsent Variation Order issued May 22, 2012, and specifically from January 2014 – January 2019 for N and to July 2020 for L. Retroactive Special or Extraordinary Expenses for L 29. In 2012 Mr.

E was ordered to pay $171.00 in special expenses. The parties appeared to agree this was for before or after schoolcare. N was 12 years old at that time. Ms. D suggested she may make a retroactive claim for special expenses for L since the ConsentVariation Order issued May 22, 2012. Ms. D referenced but she did not provide any receipts or a comprehensive

summary of anyextraordinary expenses for Muay Thai and Jiu Jitsu memberships, equipment, tournaments, and travel expenses. Affidavits and briefs 30. The parties were directed to file Affidavits and briefs and to present their position. The Court referred the parties to two relevantcourt decisions: D.B.S. v. S.R.G., [2006] 2 S.C.R. 231, 2006 SCC 37 and Michel v. Graydon, 2020 SCC 24 . 31. In deciding whether to exercise my discretion to award retroactive child support I must consider Ms. D’s delay in seeking to changeMr. E’s child support payments, whether Mr.

E has acted in a blameworthy way, L and/or N’s circumstances when the child supportought to have been paid, and whether a retroactive award would cause Mr. E any undue hardship. Applicant’s delay 32. Ms. D said she was unaware that Mr. E’s income had increased. Mr. E claims that Ms. D told him “don’t worry about it, what youare giving me is enough”. 33. If I did accept that Ms. D told Mr. E he was paying “enough” it would be impossible for Ms. D to make an informed decision aboutwhat was “enough” unless she had all of Mr. E’s financial information to consider.

Children are entitled to the table amount of childsupport based on their parents’ total gross annual income. 34. At one point in his submissions, Mr. E stated: “nothing was ever said and Natasha did not take her due diligence to be proactive andfind out”. Mr. E had all the information required and it was his responsibility to pay child support according to the Child SupportGuidelines as outlined in the parties’ Order. Respondent’s Conduct

35 . The parties’ Consent Variation Order granted in April 2012 specifies at paragraph 2: In the future, child maintenance will be based on Timothy E’s previous year’s income. The Exchange of financial disclosure annually is outlined below. On May 1 each year, commencing May 2013, child maintenance will be adjusted in accordance with the Child Maintenance Guidelines based on his income from the previous year. The parties should retain the same ratio of child maintenance and special or extraordinary expenses.

They are to file a Consent Order with the Director of Maintenance Enforcement each year to effect the change in maintenance payments. 36 . Mr. E has regularly paid the 2012 child support payment as ordered to the Maintenance Enforcement Office. However, he has failed to voluntarily increase his child support payments when his income increased. Mr. E has advanced his interest over the children’s interests. The Child’s Circumstances During the Retroactive Period 37 . Ms. D has stated that she struggled financially. She provided documents as proof she declared bankruptcy in 2013. Ms.

D claims that the long-term effects of her bankruptcy have included not being able to “get regular loans in her own name or only high interest loans” which has caused her to be indebted for a longer period. I find Ms. D’s financial situation had a direct impact on both N and L and that any extra child support would have been of assistance to Ms. D in caring for the children. 38 . Ms. D’s and Mr. E’s incomes were similar during the period of retroactive re-calculation, however, Ms. D had primary care of both children from 2007 until June 2020. For thirteen years Ms.

D paid for any extras the children may have needed or benefited from. Ms. D suggested that at times during the retroactive period in question Mr. E chose not to see the children the three weekends per month as agreed or even two weekends per month. Ms. D argued that the bulk of all responsibilities fell to her. Whether the Respondent Would Experience Undue Hardship if he was Ordered to pay Retroactive Child Maintenance 39 . Ms. D noted that during the period of retroactivity Mr. E purchased a home, owned multiple vehicles and owned a recreational vehicle. Mr. E asked the Court not to make any retroactive award.

Draft Chart 40 . In advance of trial the Court provided the parties with a draft chart summarizing some of the facts the parties had suggested they would be relying upon as a foundation for a claim of prospective child support or a claim for retroactive recalculation of child support. They were asked to review the draft chart as a starting point and to make it clear to the Court where they disagreed and what their position was. 41 . The parties’ affidavits contained mostly arguments and the parties’ briefs contained some arguments and some facts which were not contained in their affidavits.

The parties attached exhibits to their briefs. Neither party filed all the necessary income information for 2020 or for 2021. Mr. E failed to provide disclosure regarding his new job at Irving Oil. 42 . Mr. E did not dispute the information contained in the draft chart for the period between 2014 and 2019. He acknowledged his annual income for child support and the number of children residing with either party for the period between 2014 and 2019. However, Mr. E argued he should not have to pay any special or extraordinary expenses for L after 2016. 43 . At trial Ms.

D adopted the figures the Court had inserted in the draft chart for child support suggesting what may be owed between 2014 and 2019. Ms. D requested a retroactive award of $15,402.00. Adjustments made to the draft chart: 44 . I have adjusted the draft chart and I have created a final chart reflecting my decision for the period of retroactive recalculation for

section 3 and

section 7 child support beginning in January 2014 up to March 2019 and also including prospective child support

section 3 and

section 7 as of Mr. E’s application in April 2019. Adjustments to income 45 . When I could locate information about union dues paid by Mr. E, I adjusted his annual income to account for union dues paid which I had failed to do in the draft chart. Imputation of income 2020 and 2021 46 . Ms. D did not provide her T1 General for 2020 and it is unclear what her actual total annual income for child support is for 2020. At trial Ms. D suggested she earned approximately $45,500.00. After further questioning she suggested possibly $50,000. Ms. D provided a pay statement for the period ending January 2, 2021. I used Ms.

D’s gross pay as reflected on her pay statement and multiplied by 26 weeks for an approximate income for 2020 of $49,062.00.

47 . Ms. D did file a letter from her employer confirming that her base salary is $45,186.31.00. The Court requires Ms. D’s line 150 income including any bonus’ or incentives from 2020. Ms. D must provide Mr. E with her T4 and her T1 General and any Notice of Assessment or Reassessment for 2020 by June 1, 2021, and by June 1 for every year thereafter. 48 . Ms. D did not provide sufficient income information for 2021. I have used Ms. D’s estimated annual income for child support from 2020 with a slight increase for 2021, and I am imputing to Ms. D an annual income for child support of $53,000. 49 . Mr.

E was asked to explain why his income was less than expected in 2019. Mr. E was also asked to provide proof of his year end 2020 income. 50 . In one of his submissions entitled “brief” filed in January 2021 Mr. E claimed: In 2019 I worked for GFL Environmental and was layed( sic ) off in October 2019, then was in receipt of Employment Insurance until August 2020. (see 2019 tax return that has already been provided). For 2019 line 150 is $45,540. $4,0482 was income and $5,058 was employment insurance. 51 . Mr.

E claimed that his 2020 income was composed of the following: 2020 year end income EI $16,967 Clean Harbours( sic ) $608.40 Entirety Contracting $9504.30 Dexter $1719.34 $28,799.04 52 . In January 2021 Mr. E provided the following proof of income for 2020: a. A letter from his employer, Clean Harbors indicating he was laid off on March 17, 2020. In their letter Clean Harbors indicated that they reserved the right to recall Mr. E to work and indicated that his Record of Employment would be available within five days. b.

A copy of his Record of Employment for Clean Harbors Energy and Industrial Services indicating he worked for them between March 2, 2020 and March 22, 2020 and was issued his ROE due to “shortage of work/end of contract or season”. c. A deposit slip from Dexter indicating his year to date hours as of December 20, 2020 were 90.00, and his gross pay was $1,719.34. d. A pay stub from Entirety Contracting Inc, indicating his gross pay up to December 23, 2020 was $9,504.30. 53 . Mr. E failed to provide his T1 General Tax Return for 2020.

It is well known that many unemployed people received “CERB” benefits between March and July of 2020. Without full financial disclosure it is not possible for me to confirm Mr. E’s 2020 income. I am imputing his income for 2020 at $40,000.00. 54 . Mr. E failed to provide any documentary evidence regarding his new income with Irving Oil. After some prompting Mr. E suggested he was likely to earn approximately $50,000.000 in 2021. I am imputing an income of $55,000.00 for 2021.

55 . Despite serious reservations, at trial I suggested I would provide the parties with an opportunity to disclose to each other or file supplementary financial information for 2020 and 2021. The parties may adjust their child support according to the Child Support Guidelines without the assistance of the Court. If the parties are unable to resolve the issue, the matter is scheduled to return to me in September 2021 to determine whether both parties have disclosed their financial information as directed. The following is ordered: Custody 56 . The parties are granted joint custody of L. Mr.

E’s decision to facilitate L’s move to his home without Ms. D’s consent and contrary to the existing order while this matter was before the Court is very concerning. Older children do have a right to have their voice heard in court matters but they do not necessarily have a choice. It was inappropriate for Mr. E to move L without L’s position being properly before the Court and without notice to Ms. D or to the Court. 57 . I have considered L’s age and the practicalities of joint decision-making regarding L’s health care, education, extracurricular activities, or travel outside of the province. Ms.

D is entitled to receive information from L’s educational institution and Mr. E has a positive obligation to update Ms. D regarding L’s physical and emotional development. 58 . In response to Ms. D’s concern about Mr. E relocating with L, the Parenting and Support Act requires any parent wishing to relocate with a child to provide notice to any parent having a right to parenting time. Ms. D has a right to parenting time with L. If Ms. D objects to any plan Mr. E proposes for relocation with L then he must apply to the Court for an Order to relocate with L. Mr. E is not entitled to relocate with L without Ms.

D’s consent or an Order of the Court. 59 . L will be seventeen in September 2021 and as of the date of trial she had chosen to live with her father. L will likely make most of her own decisions from the perspective of her current living arrangement. However, L may opt to move back in with her mother without notice to Mr. E. Parenting 60 . Ms. D has asked the Court to order that she have specified parenting time with L (weekends, March break, summer break and shared holidays) and that the parties share responsibility for transporting L for Ms. D’s parenting time.

I find it is in L’s best interests to see her mother at least one weekend per month at a time chosen by L. 61 . Mr. E has a responsibility to assist L mend her relationship with her mother and that includes sharing the responsibility for transporting L to see her mother at her mother’s home. If L refuses to comply with this Order, I am ordering Mr. E and Ms. D to share the cost of L and Ms. D attending counseling together. 62 . I agree with Ms. D that the issue of L’s primary place of residence should be left open for L to decide given the history of care with her mom and dad. At Ms.

D’s request L will be permitted to either continue to reside with her father while visiting her mother one weekend per month or to return to her mother’s home in Eastern Passage without explanation or notice to Ms. D or to Mr. E. Child Support Prospective Support for N January 2020 to December 2023 63 . I dismiss Mr. E’s request to terminate child Support for N from January 2020 to December 2023. I find N has been enrolled in a full- time post-secondary program since January 2020 and that he is a dependent child once again. N lives with Ms. D and he participates in programs between January and April each year.

He is expected to finish his four-year program in or around December 2023. 64 . Mr. E shall pay child support for N to Ms. D based on his gross annual income for child support (minus union dues if any). For 2021 Mr. E’s income is imputed to $55,000.00 and he must notionally pay Ms. D $467.00 per month beginning May 1, 2021, and adjusted each May 1 thereafter based on Mr. E’s gross annual income (including any bonus’). 65 . Mr. E will continue to pay child support and he will be registered as a payor with the Maintenance Enforcement Office while N remains a full-time student up to December 2023.

Child support for N shall terminate if N is not enrolled or he is not engaged in full time studies. Ms. D must provide Mr. E with ongoing confirmation each school semester of N’s enrollment and engagement (proof of grades) in a full time post-secondary program.

Prospective Child Support L (July 2020 ending September 2023 unless full time student) 66 . Ms. D shall begin paying child support for L as of July 1, 2020, and not as of the end of May or June 1, 2020 as suggested by Mr. E. Mr. E provided no notice to Ms. D regarding L’s move and I find it would be unfair to Order Ms. D to begin paying child support until everyone understood L would be residing with Mr. E primarily and only the first full month when that was the case. I have calculated child support owed by Mr. E prior to July 1, 2020, and child support owed by both parties as of July 1, 2020. 67 . Ms.

D must notionally pay Mr. E $450 starting May 1, 2021 in prospective child support for L, which amount is to be adjusted May 1 every year by using Ms. D’s previous years’ gross annual income. Ms. D will be enrolled as a payor with the Maintenance Enforcement Program. 68 . As of May 1, 2021 and for the remainder of 2021 Mr. E shall pay Ms. D the set-off between their respective child support payments of $467 – $450 = $17 starting May 1, 2021 until May 1, 2022 when child support shall be adjusted and every May 1 thereafter. 69 . The parties must disclose their incomes to each other by April 15 each year.

The set-off child support payment shall be based on split care of two children and will be recalculated based on the parties’ previous years’ income on May 1 every year (next on May 1, 2022). 70 . The parties will pay the set-off based on their line 150 gross annual incomes for child support for 2021 + bonus’ and – any union dues. 71 . If either party fails to disclose their T4, T1 General, Notice of Assessment and Notice of Reassessment to the other party by April 15, 2021, the other party may apply for a review with the Court to impute income to the party who has failed to provide the proper disclosure.

Costs may be considered. Prospective extraordinary expenses for N January 2020 until April 1, 2021 72 . N received funding or an “award” to attend NSCAD University and I understand he will have to pay the “award” back. I am unclear what other extraordinary expenses N might have for school besides those reflected as paid to the University in the documents filed by Ms. D and referenced at paragraph 27 of this decision. 73 . N paid $2000.00 and $800.00 to NSCAD University on February 3, 2020. He paid $4000.00 and $521.00 to NSCAD University on September 15, 2020.

There is no confirmation of what N may have paid to NSCAD University for the Winter/Spring term of 2021. I estimate tuition for full time enrollment at NSCAD University for N to be around $6,200.00. 74 . The parties and N shall contribute equally to N’s yearly full-time tuition/post-secondary expenses of approximately $6,200.00/3 = $2,066/12 = $172.00. Both Ms. D and Mr. E must each pay $172.00 in

section 7 child support to N for extraordinary post-secondary expenses between January 2020 and December 2023. 75 . N shall be registered with the Maintenance Enforcement Program. As of May 1, 2021, until December 2023, both Ms. D and Mr. E will pay $172 per month for N’s school expenses to N through the Maintenance Enforcement Program . This money is intended to help N pay back his “award” or student loan. 76 . Both Mr. E and Ms. D notionally owe N $2,408.00 each in extraordinary expenses retroactively between January 1, 2020 and April 2021.

Possible Review Retroactive Extraordinary Expenses (January 1, 2020 – April 1, 2021) 77 . If N had access to other funding such as, but not limited to CERB in 2020, the retroactive extraordinary award for N may be reviewed. 78 . If either Ms. D or Mr. E have receipts proving they have already made personal contributions to N’s extraordinary post-secondary expenses between January 2020 and April 2021 they may provide those receipts to the other party and determine if there is consent to deduct those contributions from the $2,408.00 the Court has found each party must contribute for that period. 79 . Ms.

D is responsible for ensuring N discloses to Mr. E documentary proof of any and all grants, bursaries, loans, income, or money N has received from any sources between January 2020 and December 2023. Retroactive Child Support for January 2014 - January 2019 N; to July 2020 for L 80 . Ms. D has asked this Court to consider a retroactive variation to increase the table amount of child support for two children since the Consent Variation Order issued May 22, 2012, and specifically from January 2014 – January 2019 for N and to July 2020 for L. 81 . I have considered all child support payments made by Mr.

E up to April 2021 and child support owing by Ms. D up to April 2021 and I find Mr. E owes Ms. D $6,356.00 in retroactive child support. Retroactive or Prospective Special or Extraordinary Expenses for L January 2014 through April 2021 82 . Special and extraordinary expenses for L up to the end of April 2021 were considered when recalculating child support from January 2014 onward. Any payments of special or extraordinary expenses made by Mr. E for L up to 2016 has been treated as an payment for extraordinary expenses, payments made after 2016 have been counted as

section 3 payments and factored into the final retroactive amount of child support owed by Mr. E to Ms. D. 83 . No special or extraordinary expenses were ordered for L after 2016. Total child support 84 . As of May 1, 2021, Mr. E must pay $17 per month to Ms. D as the set off child support for a split custody parenting arrangement + $450 toward the retroactive award of $6,356.00 = $467 per month. All payments shall be made to Ms. D through the Maintenance Enforcement Office. 85 . As of May 1, 2021, Mr.

E must pay $171 per month until December 2023 to N as a contribution to his extraordinary post-secondary expenses. All payments shall be made to N through the Maintenance Enforcement Office. 86 . After Mr. E is finished paying off the retroactive award of $6,356.00 to Ms. D Mr. E shall start making payments of $344.00 toward the $2,408.00 retroactive award owed to N. (starting on or about November 2022 until the $2,408.00 is paid in full). All payments shall continue to be made through the Maintenance Enforcement Program. 87 . As of May 1, 2021, Ms. D must pay $171 to N. Ms.

D must also pay a second $172.00 per month to N toward the $2,408.00 notionally owed to N for a total of $344.00 per month paid by Ms. D to N starting May 1, 2021 until the $2,408 is paid in full . 88 . Once Ms. D has paid the $2,408 to N in full then Ms. D shall continue to pay $172.00 until December 2023. These payments shall be

made through the Maintenance Enforcement Office. Termination of child support 89 . While N remains a full-time student, he is eligible for child support and contributions to extraordinary post-secondary expenses until December 2023. It is Ms. D’s responsibility and she is ordered to advise the Maintenance Enforcement Program and Mr. E within one week of N’s change in status from a full time student. Ms. D will be responsible to reimburse Mr. E for any child support paid for N if he is no longer a full-time student. 90 . Child support for L shall end if L is no longer residing with Mr.

E or no longer attending school full-time and not intending to pursue post-secondary studies. It is Mr. E’s responsibility, and he is ordered to advise the Maintenance Enforcement Program and Ms. D within one week of any change in L’s status. Mr. E will be responsible to reimburse Ms. D for any child support paid for L if she is no longer living with him or she is no longer attending school full-time or intending to pursue a post-secondary program immediately after graduating from high school. Maintenance Enforcement Program 91 . Both parties and N shall be registered with the Maintenance Enforcement Program.

Directions: 92 . The Court shall prepare the Order. Costs: 93 . Ms . D has been the successful party on most issues. 94 . L is living with Mr. E but this was not a decision made by the Court. 95 . Ms. D has accepted L’s choice to live with Mr. E and she did not object to paying child support for L. 96 . Mr. E has presented as not very supportive of Ms. D’s efforts to remain involved with L. The Court has ordered Mr. E to share transportation for L to have in person contact with her mother or if he is not prepared to encourage and facilitate contact between L and Ms. D at Ms. D’s home, then Mr.

E was ordered to contribute to the cost of and to transport L to attend counseling with her mother. 97 . Mr. E requested the Court terminate child support for N as of his nineteenth birthday. N lived with Ms. D after he turned 19, she chose not to seek child support for N between February 2019 and December 2019, although there was evidence the child was struggling, as he was not in school she did not seek any child support from Mr. E. 98 . This Court granted a retroactive child support award to Ms. D given that Mr. E failed to increase his child support as directed in the previous court order. 99 .

Based on the lack of information filed by Ms. D the Court declined to consider L’s extracurricular activities between January 2017 and July 2020 as extraordinary. Mr. E was successful on that issue. 100 . N started his post-secondary program in January 2020 and Mr. E refused to pay child support for N or to contribute to his extraordinary expenses. Although Ms. D did not file a significant amount of information regarding N’s engagement in his program or his expenses, Mr. E understood that N was still attending his program on a full-time basis.

101 . Ms. D was successful in her application for child support and extraordinary expenses for N beginning in January 2020 through to December 2023. 102 . Both parties failed to file complete financial disclosure for 2020 and 2021. 103 . The matter was set for one half day. I am prepared to consider the issue of costs to be awarded to Ms. D from Mr. E. The parties are directed to review the Nova Scotia Civil Procedure Rules in relation to costs and to also review relevant case law before making written submissions regarding costs. 104 . Ms. D’s letter must be submitted by June 15, 2021 and Mr.

E’s letter by June 30, 2021. Cindy G. Cormier, J.S.C.(F.D.) Period Ms. D Mr. E Amount paid owed Total Period of re- calculation No. of Children in household Ms. D’s income Mr. E’s Income Amount paid Retroactive Amount Owed based on income 2014 Jan - Dec D requesting retroactive calculation to 2014 2 children with Ms. D (Ms. D’s self- reported income was $35,787.00) 150 - $33,153.40 Paid $329 x 12 = $3,948 Special $171 x 12 = $2,052 = $6000 Table $483 x 12 = $5796 + extra- curriculars L $2,052 = $7848 Table and specials $7848 - $6000 = $1,848 2015 Jan – Dec 2 children with Ms. D (Ms.

D’s self- reported income was $38,813.00) 150 - $34,216.95 NOA $33,656 NOA $34,216 union dues of $560 Paid $329 x 12 = $3,948 Special $171 x 12 = $2,052 = $6000 Table $488 x 12 = $5856 + extra- curriculars for L = $2,052 = $7908 Table and specials $7908 - $6000 = $1,908 2016 Jan - Dec 2 children with Ms. D (Ms.

D’s self- reported income was $36,816.00) 150 - $40,217.94 $39,957 $260 union dues deducted Paid $329 x 12 = $3,948 Special $171 x 12 = $2,052= $6000 Table $570 x 12 = $6840 + extra- curriculars for L + $2,052= $8892 Table and specials $8,892 - $6000 = $2,892 2017 January – November (change tables) 2 children with Ms. D ( Ms. D’s income $52,472.00) 150 - $43,217.23 Paid $329 x 11 = $3,619 Special $171 x 11 = $1,881.00= $5500 Table $612 x 11 = $6,732 Table only $6732 - $5500 = $1232

2017 December 2 children with Ms. D child-care no longer an issue (Ms. D’s income $52,472.00) 150 - $43,217.23 Paid $329 x 1 = $329 Special $171 x 1= $171 = $500 Table $630 x 1 = $630 Table only $630 - $500 = $130 2018 Jan - Dec 2 children with Ms. D (Ms. D’s income $47,694.00) 150 - $53,554.74 $53,229.74 union dues $325 Paid $329 x 12 = $3,948 $171x12= $2,052.00 = $6000 Table $760 x 12 = $9120.00 Table only $9120 - $6000 = $3,120.00 underpayment $11,130 table amount and special expenses owing 2019 January – N 19 January 28 E variation application April 2019 2 children with Ms. D Ms.

D is not claiming child support for N January to December 2019 ( Ms. D’s income $53,030) 150 - $45,540.16 - $260 union dues includes EI $45,280.16 laid off October 2019 Paid $329 x 1 = $329 + Special $171 x 1 = $171= $500 Table $658 x 1 = $384 Table for two $658 - $500 = $158 underpayment 2019 February – May 1 child with Ms. D (L) 150 - $45,540.16 - $260 union dues includes EI $45,280.16 laid off October 2019 Paid $329 x 4 = $1,316 Special $171 x 4 = $684 = $2000 Table $386 x 4 = $1,536 Table for one only $2000 - $1544 = $456 overpayment 2019 June to September 2019 1 child with Ms. D (L). N not a child (Ms.

D’s income $53,030) 150 - $45,540.16 - $260 union dues includes EI $45,280.16 laid off October 2019 Paid $329 x 4 = $1,316 Special $171 x 4 = $684 = $2000 Table $386 x.4 = $1536 Table for one only $2,000 - $1,544 = $456 overpayment 2019 October – December Special expenses $171 suspended. 1 child with Ms. D (L). N not a child 150 - $45,540.16 - $260 union dues includes EI $45,280.16 laid off October 2019 Paid $500 x 3 = $1,500.00 Table $386 x 3 = $1,152 $1500 - $1,158 = $342 overpayment $10,034 underpayment 2020 January to June 2020 N started fine arts program in January 2020 x 4 years 2 children with Ms. D Ms.

D’s income is imputed at $49,062.00 for 2020 $172 x. 6 = $1032 to be paid to N Mr. E’s income is imputed at $40,000.00 for 2020 Mr. E Paid $2,864.00 in child support. Table $588 x 6 = $3,528 Mr. E $172 x 6 months for N = $1,032 $3,528 – 2,864 = $664 underpayment child support Period Ms. D Mr. E Amount paid owed Total Period of re- calculation No. of Children in household Ms. D’s income Mr. E’s Income Amount paid Retroactive Amount Owed based on income

$1032 Ms. D to N $1,032 Mr. E to N 10,034 + $664 = $10,698 underpayment 2020 July to December 2020 L with E N with D N with Ms. D Ms. D’s income is imputed at $49,062.00 for 2020 L $419.00 x 6 = $2,514 $172 x. 6 = $1032 to N L with Mr. E as of July 1, 2020 Mr. E’s income is imputed to $40,000.00 for 2020 Mr. E Paid $700.00 in total for N in child support. Ms. D did not pay any child support for L. N child support $341.00 x 6 = $2046 - $700 = $1,346 Expenses $172 x. 6 = $1032 to N Child support L $2,514 – N $1,346 =$1,160.00 owed for L $2,064.00 from Ms. D to N $2,064.00 from Mr.

E to N $10,698 – 1,160 = $9,538 2021 January to March 2021 N with Ms. D Ms. D’s income is imputed at $53,000 for 2021 - Ms. D should have paid $450 x 3 = $1,350 $172.00 x 3 = $516 L with Mr. E as of July 1, 2020 Mr. E’s income is imputed at $55,000.00 for 2021 Mr. E paid $2,500.00 Ms. D did not pay any child support for L Mr. E should have paid $467 x 3 = $1,401 $172 per month $516.00 = Mr. E $2,500 - $1,401 = $1099 + overpayment by Mr. E $1,350 = underpayment by Ms. D = $2,449 $2,236 from Ms. D to N $2,236. From Mr. E to N $9,538 - $2,449 = $7,089.00 April 2021 N with Ms. D Ms.

D income is imputed at $53,000 must pay $450 per month for L. L is with Mr. E $172 x. 1 = $172 L is with Mr. E Mr. E’s income imputed at $55,000.00 for 2021 Mr. E paid $750 in April 2021 Ms. D did not pay any child support for L in April 2021 Mr. E must pay $467.00 child support and $172.00 in extraordinary expenses $172 x 1 = $172 $750 - $467 = $283.00 overpayment by Mr. E + $450 underpayment by D = credit $733 to Mr. E $2236 + 172 = $2,408 from Ms. D to N $2236 + 172 = $2,408 from Mr. E to N $7,089 - $733 = $6,356 retroactive owed by Mr. E Period Ms. D Mr.

E Amount paid owed Total Period of re- calculation No. of Children in household Ms. D’s income Mr. E’s Income Amount paid Retroactive Amount Owed based on income

May 2021 – September 2023 for L (longer if attends post- secondary and stays at home) and December 2023 for N L: Ms. D to continue to pay child support for L based on imputed income of $53,000 for 2021 until June 1, 2021 of $450.00 for L. Then based on line 150 for 2021. N: Ms. D must pay $172.00 per month to N until December 2023 + retroactive of $2,408 to N N: Mr. E to continue to pay child support based on his imputed income of $55,000.00 for 2021 for N at $467 until June 1, 2021, and then on his previous years’ 2021 income N: $172 per month to N until December 2023 + retroactive expenses of $2,408 Period Ms.

D Mr. E Amount paid owed Total Period of re- calculation No. of Children in household Ms. D’s income Mr. E’s Income Amount paid Retroactive Amount Owed based on income