In Dove v MacIntyre, 2021 NSSC 1, the Applicant/Mother sought a retroactive variation of child support and an adjustment to the Section 7 expenses after having financed an 18-month dental hygiene program for the parties’ 26-year old daughter.
Despite her age and having had periods of self-sufficiency, the Supreme Court of Nova Scotia found that the child was in fact a dependent for the purposes of child support. The Court ruled in favor of the Mother concluding that the child had reacquired her dependent status during that 18-month period and that same was a material change in circumstance, which had not been contemplated in the original 2013 child support order. The Father was ordered to pay $1,000 in costs and was directed to reimburse the Mother $21,565.58 within 30 days, failing which he would be charged 10% interest (compounded monthly) until his share had been repaid.
For those interested, check out the full case on CanLii: https://canlii.ca/t/jcf33
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