Imprisonment is a severe but warranted measure due to his long history of non-compliance: court
The Supreme Court of Nova Scotia has ruled that a father must pay over $33,000 in overdue child support or face imprisonment.
Despite multiple court orders and enforcement measures, the court found that he had consistently failed to meet his obligations for over two decades.
For 25 years, the province’s Maintenance Enforcement Program has pursued enforcement against the payor, who has never voluntarily paid child support. His contributions have only resulted from garnishments and other forced payment methods. After repeated non-compliance, the director of maintenance enforcement sought the most severe penalty available—imprisonment.
The Supreme Court initially granted the payor time to seek legal aid and file a variation application to contest the arrears. However, he failed to meet deadlines or provide updated financial disclosures. At trial, he requested an adjournment, arguing that he should not be required to proceed without a lawyer. The court denied the request, ruling that he had not made diligent efforts to secure legal representation.
The court found that the payor owed $28,244.69 in support for two of his children and $5,225.52 for another. These amounts have increased since the director’s initial enforcement application in June 2023.
Under Nova Scotia’s Maintenance Enforcement Act, the court presumes that a payor can pay arrears unless they prove otherwise. The court ruled that the payor had failed to provide valid reasons for non-payment. He did not file financial disclosure or demonstrate an inability to work. His claim that a suspended driver’s license prevented him from securing employment was rejected, as the enforcement program had reinstated his license and notified him.
The court ordered the payor to make ongoing monthly child support payments of $640 and contribute an additional $200 toward arrears. If he defaults, the court will issue a warrant for his arrest, resulting in 15 days of continuous imprisonment for each missed payment.
Additionally, the payor must report to the enforcement program monthly and provide updated contact and employment information. The court also ordered him to pay costs.
The judge emphasized that imprisonment is a severe but warranted measure due to the payor’s long history of non-compliance. The ruling provides one final opportunity for the payor to meet his financial obligations voluntarily. If he defaults, the court will impose repeated jail sentences until he pays the arrears in full.
