J.P., Re, (1995) 144 N.S.R.(2d) 138 (FC)

• Case Date: July 14, 1995
• Jurisdiction: Nova Scotia
• Citations: (1995), 144 N.S.R.(2d) 138 (FC)

J.P., Re (1995), 144 N.S.R.(2d) 138 (FC);

  416 A.P.R. 138

MLB headnote and full text

In The Matter Of the Infant J.P.;

And In The Matter Of the Family Maintenance Act, s. 11.

(F.M. 95-021)

Indexed As: J.P., Re

Nova Scotia Family Court

Levy, J.F.C.

July 26, 1995.

Summary:

The 41 year old unmarried mother of a one year old child applied under s. 11 of the Family Maintenance Act for child support from the 53 year old father. They had joint custody, with the mother exercising day to day care and control. The father, with a net worth of over $17,000,000, voluntarily paid $1,800 per month to support the child. The mother sought $3,600 per month, which would allow her to stay at home until the child reached school age. The father claimed that the mother was obliged to work to contribute to the support of the child.

The Nova Scotia Family Court held that the mother's decision to stay home was a reasonable one which should benefit the child. The decision was "reasonably suitable" having regard to the means, needs and cir­cumstances of the child and his parents. The court awarded $3,600 per month child sup­port.

Family Law - Topic 2344

Maintenance of wives and children - Maintenance of children - Awards - Peri­odic payments - [See Family Law - Topic 2357 ].

Family Law - Topic 2357

Maintenance of wives and children - Maintenance of children - Considerations - Stay at home mother - The 41 year old unmarried mother of a one year old child applied under s. 11 of the Family Main­tenance Act for child support from the 53 year old father - They had joint custody, with the mother exercising day to day care and control - The father, with a net worth of over $17,000,000, voluntarily paid $1,800 per month to support the child - The mother sought $3,600 per month, which would allow her to stay at home until the child reached school age - The father claimed that the mother was obliged to work to contribute to the support of the child and that $3,600 per month would result in him supporting her as well as the child - The Nova Scotia Family Court held that the mother's decision to stay home was a reasonable one which should benefit the child - The decision was "rea­sonably suitable" having regard to the means, needs and circumstances of the child and his parents - The court awarded $3,600 per month child support.

Cases Noticed:

Willick v. Willick, [1994] 3 S.C.R. 670; 173 N.R. 321; 125 Sask.R. 81; 81 W.A.C. 81; 6 R.F.L.(4th) 161, refd to. [para. 39].

Moge v. Moge, [1992] 3 S.C.R. 813; 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161; 43 R.F.L.(3d) 345, refd to. [para. 40].

Levesque v. Levesque (1994), 155 A.R. 26; 73 W.A.C. 26; 4 R.F.L.(4th) 375 (C.A.), refd to. [para. 40].

Edwards v. Edwards (1994), 133 N.S.R.(2d) 8; 380 A.P.R. 8 (C.A.), refd to. [para. 45].

Friesen v. Friesen (1985), 48 R.F.L.(2d) 137 (B.C.C.A.), refd to. [para. 47].

Jull v. Jull (1984), 56 A.R. 123; 42 R.F.L.(2d) 113 (C.A.), refd to. [para. 53].

Binns v. Binns (1985), 68 N.S.R.(2d) 205; 163 A.P.R. 205; 45 R.F.L.(2d) 369 (Fam. Ct.), refd to. [para. 53].

Richardson v. Richardson, [1987] 1 S.C.R. 857; 77 N.R. 1; 22 O.A.C. 1; 7 R.F.L.(3d) 304; 38 D.L.R.(4th) 699; 17 C.P.C.(2d) 104, refd to. [para. 53].

Statutes Noticed:

Family Maintenance Act, R.S.N.S. 1989, c. 160, sect. 2(g), sect. 2(k), sect. 8 [para. 25]; sect. 11(1) [para. 23]; sect. 12 [para. 24].

Counsel:

W. Bruce Gillis, Q.C., for the applicant;

Elizabeth Jollimore, for the respondent.

This application was heard on July 14, 1995, before Levy, J.F.C., of the Nova Scotia Family Court, who delivered the following judgment on July 26, 1995.