Adams v. Adams, (1997) 124 Man.R.(2d) 226 (QBFD)

• Judge: Diamond, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: December 15, 1997
• Jurisdiction: Manitoba
• Citations: (1997), 124 Man.R.(2d) 226 (QBFD)

Adams v. Adams (1997), 124 Man.R.(2d) 226 (QBFD)

MLB headnote and full text

Temp. Cite: [1998] Man.R.(2d) TBEd. JA.013

Carol Ann Adams (petitioner) v. Gary Lynn Adams (respondent)

(File No. FD 94-01-38007)

Indexed As: Adams v. Adams

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

Diamond, J.

December 15, 1997.

Summary:

A divorce judgment required a father to pay child support of $600 per month for the two children of the marriage. The children were both over the age of majority and were attending university. The mother sought to vary the judgment on the basis that the father should now be required to pay child support in an amount determined by apply­ing the Federal Child Support Guidelines. The children both continued to attend univer­sity. At issue was whether an amount deter­mined by applying the Guidelines was ap­propriate (Guidelines, s. 3(2)).

The Manitoba Court of Queen's Bench, Family Division, held that it was not appro­priate to order an amount of child support that was determined by applying the Guidelines. The court considered the condi­tion, needs, means and other circumstances of the children and the financial ability of the parents to contribute to their support and ordered the father to pay a total of $335 per month.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance and awards - Awards - Variation of peri­odic payments or lump sum award - [See Family Law - Topic 4045.11 ].

Family Law - Topic 4045.11

Divorce - Corollary relief - Maintenance - Support Guidelines - Children over the age of majority - A divorce judgment required a father to pay child support of $600 per month for two children who were both over the age of majority and were attend­ing university - The mother sought to vary the judgment on the basis that the father should now be required to pay child sup­port in an amount determined by ap­ply­ing the Federal Child Support Guidelines - Both children were still attending univer­sity - The Manitoba Court of Queen's Bench, Family Division, held that con­sidering the amount of money that was available to each child through em­ploy­ment, scholarships and student loans, it was not appropriate to order an amount of child support that was determined by ap­plying the Guidelines (Guidelines, s. 3(2)) - The court considered the condition, needs, means and other circumstances of the children and the financial ability of the parents and ordered the father to pay a total of $335 per month.

Statutes Noticed:

Divorce Act Regulations (Can.), Federal Child Support Guidelines, SOR/97-175, sect. 3(2) [para. 9].

Federal Child Support Guidelines - see Divorce Act Regulations (Can.).

Counsel:

Howard Tennenhouse, for the petitioner;

Douglas E. Johnston, for the respondent.

This motion was heard before Diamond, J., of the Manitoba Court of Queen's Bench, Family Division, Winnipeg Centre, who delivered the following judgment on Decem­ber 15, 1997.