Beaupre v. Beaupre, (2014) 352 N.S.R.(2d) 221 (SC)

• Judge: Jollimore, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: October 24, 2014
• Jurisdiction: Nova Scotia
• Citations: (2014), 352 N.S.R.(2d) 221 (SC);2014 NSSC 363

Beaupre v. Beaupre (2014), 352 N.S.R.(2d) 221 (SC);

    1112 A.P.R. 221

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. NO.006

Shawn Leonard Beaupre (petitioner) v. Melissa Anne Beaupre (respondent)

(1201-067759; SFH-D 090488; 2014 NSSC 363)

Indexed As: Beaupre v. Beaupre

Nova Scotia Supreme Court

Family Division

Jollimore, J.

October 24, 2014.

Summary:

At issue in these divorce proceedings was (1) the amount of child support payable by the father for the parties' oldest child, who attended university and was about to attain the age of majority; and (2) the amount of spousal support payable by the father.

The Nova Scotia Supreme Court, Family Division, ordered the father to pay (1) child support of $150/month for the months of May, June, July and August of each year; and (2) spousal support of $1,155/month.

Family Law - Topic 2329

Maintenance of spouses and children - Maintenance of spouses - Considerations (incl. pensions) - [See Family Law - Topic 4022 ].

Family Law - Topic 2344

Maintenance of spouses and children - Maintenance of children - Awards - Periodic payments - [See Family Law - Topic 4045.11 ].

Family Law - Topic 2355

Maintenance of spouses and children - Maintenance of children - Effect of benefits from third parties - [See Family Law - Topic 4045.11 ].

Family Law - Topic 2482

Maintenance of spouses and children - Awards - Considerations - [See Family Law - Topic 4022 and Family Law - Topic 4045.11 ].

Family Law - Topic 2484

Maintenance of spouses and children - Awards - Periodic payments - [See Family Law - Topic 4022 and Family Law - Topic 4045.11 ].

Family Law - Topic 4010

Divorce - Corollary relief - Maintenance and awards - Periodic payments - [See Family Law - Topic 4022 and Family Law - Topic 4045.11 ].

Family Law - Topic 4022

Divorce - Corollary relief - Maintenance and awards - Awards - To wife - Considerations - The parties divorced after a 20 year relationship - They were both 42 years old - The wife was employed throughout the marriage, except for two maternity leaves and when the parties relocated from Alberta to Nova Scotia when the husband was transferred by his employer - The husband's income was about $69,000 - The wife's income was about $34,000 - The wife did not have a pension - The wife's expenses left her with a monthly deficit of $778 (not including income taxes), while the father had a surplus of $307 - The Nova Scotia Supreme Court, Family Division, stated "Given the duration of the relationship and its impact on the parties' incomes and retirement positions, I order [the husband] to pay spousal support of $1,155.00 per month" - The court recognized that this amount created a deficit for the husband while leaving the wife's budget balanced - The court stated "I am prepared to do this, recognizing that [the wife's] balanced budget contains no savings whatsoever, while [the husband] has considerably greater spending on discretionary items such as vacations and holidays." - See paragraphs 54 to 66.

Family Law - Topic 4045.11

Divorce - Corollary relief - Maintenance - Child support guidelines - Children over the age of majority - The parties' child attended university and was about to attain the age of majority - The child was presently attending a student exchange program in South Korea - When she returned, she would continue to live with her mother - The child's direct university costs (tuition, fees and books) were paid for by her Indian band - The child worked full-time during the summer months - The mother sought child support payable during the summer months - The Nova Scotia Supreme Court, Family Division, found that the approach to child support set out in s. 3(2)(a) of the Guidelines was inappropriate given the child's financial circumstances - It was therefore necessary to consider the condition, means, needs or other circumstances of the child under s. 3(2)(b) - The child was able to pay her own expenses - Therefore, child support was only needed to assist the mother in providing the child's home - The father was ordered to pay $150/month for the months of May, June, July and August of each year - See paragraphs 46 to 53.

Family Law - Topic 4045.14

Divorce - Corollary relief - Maintenance - Child support guidelines - Where child has income or capital - [See Family Law - Topic 4045.11 ].

Cases Noticed:

MacLennan v. MacLennan (2003), 212 N.S.R.(2d) 116; 665 A.P.R. 116; 2003 NSCA 9, refd to. [para. 31].

Yaschuk v. Logan (1992), 110 N.S.R.(2d) 278; 299 A.P.R. 278; 1992 CanLII 2595 (C.A.), refd to. [para. 34].

Martell v. Height (1994), 130 N.S.R.(2d) 318; 367 A.P.R. 318; 1994 CanLII 4145 (C.A.), refd to. [para. 34].

Wesemann v. Wesemann (1999), 13 B.C.T.C. 233; 1999 CanLII 5873 (S.C.), refd to. [para. 47].

Counsel:

Vanessa L. Jass and Christopher White, for Shawn Beaupre;

Karlan S. Modeste, for Melissa Beaupre.

This matter was heard on September 26 and 29, 2014, before Jollimore, J., of the Nova Scotia Supreme Court, Family Division, who delivered the following judgment at Halifax, N.S., on October 24, 2014.