Crowell v. Symonds, 2022 NSSC 291

SUPREME COURT OF Nova Scotia FAMILY DIVISION Citation: Crowell v. Symonds , 2022 NSSC 291 Date: 20221014 Docket: SFHPSA-123164 Registry: Halifax Between: Andrea Lynn Crowell Applicant v. Darien Evan Symonds Respondent LIBRARY HEADING Judge: The Honourable Justice Elizabeth Jollimore

Summary: Application to vary filed two months after contested hearing completed was dismissed in the absence of proof of a material change in circumstances. Key words: Family, Child support, Table amount, Variation, Material change in circumstances Legislation: Parenting and Support Act , R.S.N.S. 1989, c. 160 THIS INFORMATION SHEET DOESN’T FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET . CROWELL v. SYMONDS 2022 NSSC 291 ENDORSEMENT October 14, 2022 Andrea Crowell v. Darien Symonds SFH PSA 123164 Mr.

Symonds seeks to vary the child support ordered in the parties’ July 7, 2022 Order. Decision: The variation application is dismissed: no material change in circumstances has been shown to have occurred since the Order was granted following the contested hearing on July 6, 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 July 7, 2022 following a contested hearing on July 6, 2022. At the time of the contested hearing, it was known that Mr. Symonds would be returning to school to complete his training. This fact is stated in the Order’s recitals. 3 . Mr. Symonds’ arrears of child support were fixed and their repayment was suspended until the earlier of his completion of his education or December 1, 2023. Mr. Symonds has offered no evidence to show a change in circumstances relevant to this aspect of the

Order. 4 . The burden of proving the change of circumstances rests on the person asking for the order to be changed: Mr. Symonds. 5 . If there has been no material change proven, I do not have jurisdiction to vary the order. 6 . Mr. Symonds filed his variation application on September 7, 2022 - 2 months after the Order was granted. He 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. 7 . I dismiss Mr. Symonds’ variation application. _____________________________ Elizabeth Jollimore, J.S.C.(F.D.)