Henneberry v. Strowbridge

• Jurisdiction: Nova Scotia
• Judge: Legere, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Citation: (2001), 194 N.S.R.(2d) 103 (SC),2001 NSSF 17
• Date: 29 May 2001

Henneberry v. Strowbridge (2001), 194 N.S.R.(2d) 103 (SC);

 606 A.P.R. 103

MLB headnote and full text

Temp. Cite: [2001] N.S.R.(2d) TBEd. MY.040

Allison Henneberry (applicant) v. Wade Strowbridge (respondent)

(2001 SFHF-000200; 2001 NSSF 17)

Indexed As: Henneberry v. Strowbridge

Nova Scotia Supreme Court

Family Division

Legere, J.

May 29, 2001.

Summary:

A mother sought sole custody of her child and child support and a contribution to day care expenses from the child's natural father. The father sought joint custody and to have his child support obligation reduced because he had physical custody of the child more than 40% of the time.

The Nova Scotia Supreme Court, Family Division, granted the parties joint custody of the child and ordered the father to pay the Guideline amount of child support and a proportion of the child's extraordinary ex­penses.

Family Law - Topic 2072

Custody and access - Joint custody - When available - [See Family Law - Topic 4045.7 ].

Family Law - Topic 4045.7

Divorce - Corollary relief - Maintenance - Support guidelines (incl. nondivorce cases) - Shared custody (at least 40% of the time with each parent) - A mother sought sole custody of her child and child support and a contribution to day care expenses from the child's natural father - The father sought joint custody and to have his child support obligation reduced because he had physical custody of the child more than 40% of the time - The mother earned around $20,000 yearly and the father earned $36,000 - The father often looked after the child when the mother had to work at night - The Nova Scotia Supreme Court, Family Division, granted the parties joint custody of the child and ordered the father to pay the Guideline amount of child support and a proportion of the child's extraordinary expenses - The father was unable to show any increased costs to himself arising out of the shared custody arrangement - Any reduction in the Guide­line amount would create a hardship for the mother and would not result in a cor­responding benefit to the child.

Statutes Noticed:

Divorce Act Regulations (Can.), Federal Child Support Guidelines, SOR/97-175, sect. 9 [para. 11].

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

Counsel:

Allison Henneberry unrepresented;

Ritchie Wheeler, for the respondent.

This application was heard before Legere, J., of the Nova Scotia Supreme Court, Fami­ly Division, who delivered the following judgment on May 29, 2001.