What is the test for determining the appropriate standard of living for a child under the Family Law Act?

Nova Scotia, Canada


The following excerpt is from Miller v. Miller, 2021 NSSC 152 (CanLII):

24. This subsection vests judges with “a broad discretion for conducting an analysis of the resources and needs of both the parents and the children”: paragraph 68, Contino v. Leonelli‑Contino, supra. I am directed to consider the children’s standard of living in each household and each parent’s ability to manage the costs of maintaining the appropriate standard of living: paragraph 68, Contino v. Leonelli‑Contino, supra.

25. It is open to me to find that a shared parenting arrangement may not result in any saving. It’s possible to presume, in the absence of evidence to the contrary, that the parent with the lower income may have fixed costs that are unchanged and variable costs that have been reduced only modestly: paragraph 54, Contino v. Leonelli‑Contino, supra. I am obligated to consider the conditions, means, needs and other circumstances of each parent and of any child for whom support is sought.

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