Rhyno v. Rhyno, (2015) 370 Nfld. & P.E.I.R. 316 (NLPC)

• Judge: Porter, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: August 18, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 370 Nfld. & P.E.I.R. 316 (NLPC)

Rhyno v. Rhyno (2015), 370 Nfld. & P.E.I.R. 316 (NLPC);

    1153 A.P.R. 316

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. AU.033

Sheila Anne Rhyno v. George Michael Rhyno

(Docket: 0813F00025)

Indexed As: Rhyno v. Rhyno

Newfoundland and Labrador Provincial Court

Porter, P.C.J.

August 21, 2015.

Summary:

The parties were married in 1990 and separated in August 2010, when the father left their home in Nova Scotia and moved to Newfoundland and Labrador. In Nova Scotia, the father was ordered to pay $500 per month in child support and $500 per month in spousal support. He had no contact with the mother or children and paid no child or spousal support. At issue was enforcement of the order under the Interjurisdictional Support Orders Act. The father claimed to have no income and to be unable to work.

The Newfoundland and Labrador Provincial Court imputed income of $30,000 per year to the father, which was the amount he had been earning in Nova Scotia. Arrears of child support based on that income were fixed at $12,546. There was no evidence of income disparity that would result in an order for spousal support.

Family Law - Topic 4022

Divorce - Corollary relief - Maintenance awards - To spouse - Considerations - [See Family Law - Topic 4045.5 ].

Family Law - Topic 4045.5

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Calculation or attribution of income - The parties were married in 1990 and separated in August 2010, when the father left their home in Nova Scotia and moved to Newfoundland and Labrador - In Nova Scotia, the father was ordered to pay $500 per month in child support and $500 per month in spousal support - He had no contact with the mother or children and paid no child or spousal support - At issue was enforcement of the order under the Interjurisdictional Support Orders Act - The father claimed to have no income and to be unable to work - Because his new partner received a pension, which she had been splitting with the father for income tax purposes, the father's income tax returns for the years from 2011 to 2014 showed an income of around $25,000 - The Newfoundland and Labrador Provincial Court stated that "amounts transferred as split pension income are not to be considered as part of the income of the party for the purposes of calculating child support" - However, the father was underemployed - As a skilled carpenter, he could and should have been working to support his son until the son reached the age of majority in November 2014 - The court imputed income of $30,000 per year to the father, which was the amount he had been earning in Nova Scotia - Arrears of child support based on that income were fixed at $12,546 - There was no evidence of income disparity that would result in an order for spousal support.

Family Law - Topic 4050

Divorce - Corollary relief - Maintenance - Enforcement - Payment or cancellation of arrears of maintenance - [See Family Law - Topic 4045.5 ].

Cases Noticed:

Thompson v. Thompson, [2013] O.T.C. Uned. 5500 (Sup. Ct.), refd to. [para. 30].

Burry v. Burry (2011), 314 Nfld. & P.E.I.R. 179; 977 A.P.R. 179 (N.L.U.F.C.), refd to. [para. 39].

Counsel:

C. Picco, for George Michael Rhyno;

Sheila Anne Rhyno did not appear in the proceedings.

This application was heard at Grand Bank, N.L., on August 18, 2015, by Porter, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment on August 21, 2015.