Ryder v. Kent, (2015) 378 Nfld. & P.E.I.R. 6 (NLTD(F))

• Judge: Sheehan, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: December 11, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 378 Nfld. & P.E.I.R. 6 (NLTD(F))

Ryder v. Kent (2015), 378 Nfld. & P.E.I.R. 6 (NLTD(F));

    1174 A.P.R. 6

MLB headnote and full text

Temp. Cite: [2016] Nfld. & P.E.I.R. TBEd. JA.031

Susan Ryder (applicant) v. Derrick Kent (respondent)

(201502F0762; 2016 NLTD(F) 1)

Indexed As: Ryder v. Kent

Newfoundland and Labrador Supreme Court

Trial Division (Family)

Sheehan, J.

December 11, 2015.

Summary:

The parties were in a common law relationship from 2008 to 2014. Since separation, they shared parenting of their child on a week about schedule. The mother applied for interim child support.

The Newfoundland and Labrador Supreme Court, Trial Division (Family), ordered the father to pay interim child support of $600/month.

Family Law - Topic 2210

Maintenance of spouses and children - General principles - Calculation or attribution of income - [See Family Law - Topic 4045.5 ].

Family Law - Topic 2224

Maintenance of spouses and children - Interim relief - Interim maintenance - [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 ended their common law relationship in 2014 - They had one child - The mother applied for interim child support - The father earned considerably more than the mother but was dismissed from his employment in October 2015 - He received a severance package which included pay-in-lieu of notice for 21 weeks and a pro-rated amount for his 2015 bonus - The mother earned income as a substitute teacher, for other teaching services, and from employment insurance - Citing s. 2(3) of the provincial Child Support Guidelines Regulations, the mother argued that the most current information on income should be used for calculating child support, that being the father's 2015 information and an estimate of what the mother's income would be - The Newfoundland and Labrador Supreme Court, Trial Division (Family), rejected this approach - The 2015 income for both parties was uncertain - The father's 2015 earnings were abnormally inflated by the severance and bonus payments - Implicit in s. 2(3) was a requirement that "the most current information" be that which was the most reliable and accurate available - The most reliable and accurate current information available in this case were the amounts reflected on the parties' 2014 Notices of Assessment - Those numbers would be used to calculate child support on an interim basis.

Counsel:

Jean V. Dawe, Q.C., for the applicant;

Stephanie L. Newell, Q.C., for the respondent.

This application was heard at St. John's, N.L., on December 3, 9 and 11, 2015, before Sheehan, J., of the Newfoundland and Labrador Supreme Court, Trial Division (Family), who delivered the following reasons for judgment on December 11, 2015.