D.M.I. v. D.P.I., (1988) 86 N.S.R.(2d) 6 (FC)

• Case Date: March 07, 1988
• Jurisdiction: Nova Scotia
• Citations: (1988), 86 N.S.R.(2d) 6 (FC)

D.M.I. v. D.P.I. (1988), 86 N.S.R.(2d) 6 (FC);

    218 A.P.R. 6

MLB headnote and full text

D.M.I. (applicant) v. D.P.I. (respondent)

Indexed As: D.M.I. v. D.P.I.

Nova Scotia Family Court

Daley, J.F.C.

March 7, 1988.

Summary:

The mother of a 10 1/2 year old boy applied for increased child support and payment of arrears. The father did not make payments from 1981 when he was unemployed. The father, now employed, lived with his common law wife and her son, and contributed to the household expenses. He made payments on the house mortgage and truck payments.

The Nova Scotia Family Court allowed the mother's application, increased the child support and ordered payment of the arrears for the years when the father was employed.

Family Law - Topic 2384

Maintenance of wives and children - Variation of - Grounds - The father of a 10 1/2 year old boy defaulted on child support from 1981 when he was unemployed - The Nova Scotia Family Court increased the child support and ordered payment of arrears for the years that the father was gainfully employed - The court stated that circumstances had changed - The father had the means to pay a fair share and the mother was in desperate need - The court stated that the child's entitlement to support was not lost by the mother's failure to enforce payment - See paragraphs 15 to 33.

Family Law - Topic 2523

Maintenance of wives and children - Enforcement - Arrears of maintenance - [See Family Law - Topic 2384 above].

Cases Noticed:

Cottreau v. Cottreau (1971), 4 R.F.L. 265, consd. [para. 14].

Hemeon v. Cross (1978), 29 N.S.R.(2d) 554; 45 A.P.R. 554, consd. [para. 14].

Ruth v. Ruth (1981), 47 N.S.R.(2d) 357; 90 A.P.R. 357, consd. [para. 14].

Lake v. Lake (1988), 82 N.S.R.(2d) 357; 207 A.P.R. 357, consd. [para. 14].

Counsel:

Moira Legere, for the applicant;

Robert Newman, for the respondent.

This application was heard before Daley, J.F.C., of the Nova Scotia Family Court, who delivered the following judgment on March 7, 1988.