Gordinier-Regan v. Regan,

• Jurisdiction: Nova Scotia
• Judge: Jollimore
• Neutral Citation: 2011 NSSC 297
• Citation: 2011 NSSC 297,(2011), 306 N.S.R.(2d) 136 (SC),306 NSR(2d) 136,(2011), 306 NSR(2d) 136 (SC),306 N.S.R.(2d) 136
• Date: 07 July 2011
• Court: Supreme Court of Nova Scotia (Canada)

Gordinier-Regan v. Regan (2011), 306 N.S.R.(2d) 136 (SC);

    968 A.P.R. 136

MLB headnote and full text

Temp. Cite: [2011] N.S.R.(2d) TBEd. JL.055

Amy Elizabeth Gordinier-Regan (petitioner) v. David Andrew Regan (respondent)

(1201-065135; 2011 NSSC 297)

Indexed As: Gordinier-Regan v. Regan

Nova Scotia Supreme Court

Family Division

Jollimore, J.S.C.F.D.

July 19, 2011.

Summary:

Married spouses separated. They had two school-aged children. At issue in this application was whether the expenses of the children attending private school for the 2011 - 2012 school year were extraordinary expenses to which the father should contribute.

The Nova Scotia Supreme Court, Family Division, held that the expense for private school education during the 2011 - 2012 school year was a necessity in the children's best interests and reasonable in the context of the parents' and the children's means and the family's pre-separation spending patterns. Private school education was an extraordinary expense, pursuant to s. 7(1.1)(a) of the Federal Child Support Guidelines. The court ordered that the father contribute $1,677.20 each month or a total of $20,126.40 to the tuition.

Family Law - Topic 4045.4

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Special or extraordinary expenses (incl. calculation of amount) - Married spouses separated - They had two school-aged children - At issue in this application was whether the expenses of the children attending private school for the 2011 - 2012 school year were extraordinary expenses to which the father should contribute -The father's income, inclusive of bonus, was $344,900 - The mother earned $64,000 - Prior to and following separation, the children had attended three separate private schools - The children had experienced many changes since their parents had separated and required professional assistance in dealing with the separation and anxiety issues - The Nova Scotia Supreme Court, Family Division, held that the expense for private school education during the 2011 - 2012 school year was a necessity in the children's best interests and reasonable in the context of the parents' and the children's means and the family's pre-separation spending patterns - Private school education was an extraordinary expense, pursuant to s. 7(1.1)(a) of the Federal Child Support Guidelines - The court ordered that the father contribute $1,677.20 each month or a total of $20,126.40 to the tuition.

Cases Noticed:

D.M.C.T. v. L.K.S. - see J.P., Re.

J.P., Re (2007), 257 N.S.R.(2d) 69; 820 A.P.R. 69; 2007 NSFC 22, affd. (2008), 266 N.S.R.(2d) 314; 851 A.P.R. 314; 2008 NSCA 61, leave to appeal denied (2009), 394 N.R. 398; 2009 CanLII 1998 (S.C.C.), refd to. [paras. 17, 35].

Hatfield v. Hatfield (2000), 186 N.S.R.(2d) 183; 581 A.P.R. 183 (Fam. Div.), refd to. [para. 18].

Hendrickson v. Hendrickson (2004), 225 N.S.R.(2d) 205; 713 A.P.R. 205; 2004 NSSF 73, refd to. [para. 18].

Hendrickson v. Hendrickson (2005), 237 N.S.R.(2d) 89; 754 A.P.R. 89; 2005 NSSC 272, refd to. [para. 28].

Burton v. Burton (1998), 167 N.S.R.(2d) 155; 502 A.P.R. 155; 1998 CanLII 1967 (S.C.), refd to. [para. 28].

Maginley v. MacKay (2003), 212 N.S.R.(2d) 62; 665 A.P.R. 62; 2003 NSSC 25, refd to. [para. 28].

Simmons v. Turner, [2005] N.S.R.(2d) Uned. 116; 2005 NSSC 315, refd to. [para. 28].

Webber v. Webber (1989), 90 N.S.R.(2d) 55; 230 A.P.R. 55 (Fam. Ct.), refd to. [para. 39].

Stubson v. Stubson (1991), 105 N.S.R.(2d) 155; 284 A.P.R. 155 (S.C.), refd to. [para. 39].

Pye v. Pye (1992), 112 N.S.R.(2d) 109; 307 A.P.R. 109 (T.D.), refd to. [para. 39].

Richardson v. Richardson (1987), 77 N.R. 1; 22 O.A.C. 1; 1987 CanLII 58 (S.C.C.), refd to. [para. 39].

Willick v. Willick (1994), 173 N.R. 321; 125 Sask.R. 81; 81 W.A.C. 81; 1994 CanLII 28 (S.C.C.), refd to. [para. 39].

Statutes Noticed:

Divorce Act Regulations (Can.), Federal Child Support Guidelines, SOR/97-175, sect. 7 [para. 15 et seq.].

Federal Child Support Guidelines - see Divorce Act Regulations (Can.).

Counsel:

Julia E. Cornish, Q.C., on behalf of Amy Gordinier-Regan;

B. Lynn Reierson, Q.C., on behalf of David Regan.

This application was heard on July 7, 2011, by Jollimore, J.S.C.F.D., of the Nova Scotia Supreme Court, Family Division, who delivered the following decision on July 19, 2011.