3 total
Father's appeal of child support and extraordinary expenses order dismissed; fresh evidence application denied.
The appellant father appealed a final order regarding child support and extraordinary expenses, including horseback riding and university tuition.
He also sought to introduce fresh evidence on appeal.
The Divisional Court dismissed the application to introduce fresh evidence, finding it did not meet the Palmer test.
The court dismissed all grounds of appeal, upholding the motions judge's decisions on arrears, extraordinary expenses, university tuition, and costs.
The appeal was dismissed with costs awarded to the respondent mother.
Appeal allowed; trial judge erred in excluding personal injury settlement from income for retroactive child support.
The appellant appealed a trial decision regarding retroactive child support.
The Divisional Court found the trial judge erred in concluding there was no evidence that a portion of the respondent's personal injury settlement was attributable to income replacement.
To avoid further expense, the court determined a fair amount for retroactive child support based on the circumstances and the amount clearly attributable to income.
The appeal was allowed, and the respondent was ordered to pay $10,000 in retroactive child support plus costs.
Appeal allowed; trial judge erred in finding no settlement funds were attributable to income replacement for child support.
The appellant appealed a trial judgment regarding retroactive child support.
The trial judge had concluded there was no evidence that a portion of the respondent's personal injury settlement was attributable to income replacement.
The Divisional Court found this was an error, as correspondence and statutory accident benefits clearly indicated some amount was for income loss.
To avoid further expense, the court fixed retroactive child support at $10,000.
