Recent Nova Scotia child support decisions

Nova Scotia decisions on table amounts, special expenses, income and retroactive support, with the figures and one practical point each. Read the full decision before relying on any of it.

Byrne v. Carlow-Byrne, 2026 NSSC 105

Supreme Court of Nova Scotia (Family Division), Truro · Justice Sheppard · 17 April 2026

Table amount
Rising income
Retroactive support
Recalculation

$814a month, one child, on current income of $95,533

$1,176.70underpayment on the court's method, not ordered

$3,910paid voluntarily since separation

Prospective support was set on the payor's current income ($95,533 from new full-time work), not his 2025 income of $46,905. para. 14
For the retroactive period, either the current year's or the previous year's income could be used; with no earlier order requiring annual disclosure or adjustment, the current year's income was more appropriate. para. 11
No retroactive support was ordered: the payor had paid voluntarily since separation, often more than his income required, there was no blameworthy conduct, and no retroactive claim was made. para. 13
Standard administrative recalculation provisions were included in the order at both parties' request; the court noted one party had wrongly assumed the Maintenance Enforcement Program would recalculate support. para. 15

For your file

When income has jumped, set out the retroactive figures both ways, as counsel did here with charts. If the parties want annual recalculation, ask for the recalculation program provisions in the order; the Maintenance Enforcement Program does not recalculate. More on drafting for enforcement

Ferguson v. MacDougall, 2026 NSSC 135

Supreme Court of Nova Scotia (Family Division), Truro · Justice Sheppard · 29 April 2026

Corporate income (s. 18)
Set-off (ss. 8 and 9)
Retroactive support
Section 7

$30,435of corporate pre-tax income attributed, about 34% of her 60% share

$6,345retroactive support, 9 months at $705

$17,122residence and meal plan: living costs, not added as section 7

Income starts with Total income under s. 16; pre-tax corporate income is added only if that does not fairly reflect the money available, and the shareholder must show sound business reasons for leaving it in the company. para. 52–54
With corporate net income of about $150,000 in 2023 and 2025 but $22,841 in 2024, and evidence supporting conservative planning, the court took a cautious approach and attributed $30,435, bringing her income to $213,900. para. 49–57
Each parent had primary care of at least one child and the two table amounts were both $1,748, so the set-off was zero going forward. para. 58
Retroactive support started 1 April 2024, following effective notice on 14 March 2024, not from the earlier dates sought; the court could not go behind a consent variation order made in May 2023. para. 59, 69, 81
Counting parenting time by hours was preferred to counting overnights where a small difference mattered. para. 74
The post-secondary claim failed: no receipts attached to the sworn statement or affidavit, no information on the child's income, scholarships, bursaries or loans, no tax credit calculation, and residence and meals are living costs typically included in the table amount, which cannot be claimed twice. para. 88–89
A coat and boots were found not to be special or extraordinary expenses. para. 86

For your file

A section 7 claim needs its evidence attached: receipts, the child's own income and any scholarships, bursaries or loans, and the tax credits. Don't claim living costs that the table amount already covers. The client checklist covers these documents

Recent child support decisions, in short

Byrne v. Carlow-Byrne, 2026 NSSC 105

Ferguson v. MacDougall, 2026 NSSC 135