Blair v. Blair, 2022 NSSC 341

SUPREME COURT OF Nova Scotia FAMILY DIVISION Citation: Blair v. Blair , 2022 NSSC 341 Date: 20221129 Docket: SFH-PSA 121165 Registry: Halifax Between: Stephanie Ann Blair Applicant v. Michael Alexander Blair Respondent LIBRARY HEADING Judge: The Honourable Justice Elizabeth Jollimore

Summary: Variation application dismissed where applicant offered no evidence of a material change since the last order was made. Key words: Family, Parenting, Variation Legislation: Parenting and Support Act , R.S.N.S. 1989, c. 160, c. 160, s. 37 THIS INFORMATION SHEET DOESN’T FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET . Stephanie Blair v. Michael Blair 2022 NSSC 341 ENDORSEMENT November 29, 2022 Stephanie Blair v. Michael Blair SFH-PSA 121165 Mr. Blair seeks to vary the child support ordered following a contested trial on March 24 – 25 and April 14, 2022.

Decision: The variation application is dismissed: no material change in circumstances has been shown to have occurred since the decision was made on April 25, 2022, and the Order was granted on June 13, 2022. Reasons: 1 . Before I can consider a variation application, I must be satisfied that there has been a change of circumstances that has occurred since the making of the last order: Parenting and Support Act , R.S.N.S. 1989, c. 160,

section 37 . 2 . The Order sought to be varied was granted on June 13, 2022, following a hearing on March 24 – 25 and April 14, 2022.

3 . Mr. Blair is asking for the Order to be changed so he must prover there has been a change of circumstances that has occurred since the making of the last order. 4 . If there has been no material change proven, I do not have jurisdiction to vary the order. 5 . The Order was based on the application of the Nova Scotia Child Maintenance Tables to Mr. Blair’s income for the parties’ 4 children. The Order considered that Mr. Blair lived in Oxford, Nova Scotia and the children lived in Eastern Passage, Nova Scotia. Mr. Blair has not shown a change in these circumstances. 6 .

The amount of child support ordered was based on the children spending more than 60% of the time over the course of the year with Ms. Blair. The children spend an equal amount of the summer with Mr. Blair but this does not create a shared parenting arrangement because he does not spend more than 40% of the time with the children over the course of the year. 7 . Mr. Blair has failed to prove there is a material change in circumstances which has occurred since the Order was granted.

The circumstances referred to in his affidavit were all known at the time the Order was granted. _____________________________ Elizabeth Jollimore, J.S.C.(F.D.)