Alberding v. Alberding, (1989) 74 Sask.R. 208 (CA)

• Judge: Cameron, Gerwing and Sherstobitoff, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: April 10, 1989
• Jurisdiction: Saskatchewan
• Citations: (1989), 74 Sask.R. 208 (CA)

Alberding v. Alberding (1989), 74 Sask.R. 208 (CA)

MLB headnote and full text

Evelyn June Alberding (claimant/appellant) v. John Francis Alberding (respondent/respondent)

(No. 9942)

Indexed As: Alberding v. Alberding

Saskatchewan Court of Appeal

Cameron, Gerwing and Sherstobitoff, JJ.A.

April 10, 1989.

Summary:

A husband was summoned to court by the Director of Maintenance Enforcement on the ground that he had not complied with an order to pay child maintenance and that there were arrears owing under the order.

The Saskatchewan Court of Queen's Bench, in a decision unreported in this series of reports, ordered, inter alia, that the outstanding arrears be cancelled upon payment of $2,000.00. The wife appealed this portion of the order.

The Saskatchewan Court of Appeal allowed the appeal on the ground that the trial judge lacked jurisdiction to rescind the arrears. The court remitted the matter to the trial judge.

Family Law - Topic 2523

Maintenance of wives and children - Enforcement - Orders - Arrears of maintenance - Jurisdiction - A husband was summoned to court by the Director of Maintenance Enforcement on the ground that he owed child maintenance arrears - The Saskatchewan Court of Appeal held that the trial judge lacked jurisdiction under s. 41 of the Maintenance Orders Enforcement Act to rescind or cancel the arrears in this type of proceeding.

Statutes Noticed:

Maintenance Orders Enforcement Act, S.S. 1984-85, c. E-9.2, sect. 41 [paras. 3, 7]; sect. 41(1)(a), sect. 41(1)(c), sect. 41(6) [paras. 4, 6]; sect. 41(7) [para. 7].

Counsel:

M. Nasser, for the appellant;

C.L. Kloppenburg, for the respondent.

This appeal was heard before Cameron, Gerwing and Sherstobitoff, JJ.A., of the Saskatchewan Court of Appeal. The decision of the Court of Appeal was delivered orally by Gerwing, J.A., on April 10, 1989.