Allaire v. Greyeyes, 2008 SKQB 81

• Judge: Wilson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 22, 2008
• Jurisdiction: Saskatchewan
• Citations: 2008 SKQB 81;(2008), 313 Sask.R. 178 (FD)

Allaire v. Greyeyes (2008), 313 Sask.R. 178 (FD)

MLB headnote and full text

Temp. Cite: [2008] Sask.R. TBEd. MR.017

Maryline Francine Allaire (petitioner) v. Brian Richard Joseph Greyeyes (respondent)

(2006 F.L.D. No. 58; 2008 SKQB 81)

Indexed As: Allaire v. Greyeyes

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Wilson, J.

February 22, 2008.

Summary:

The parties had three children. In accordance with a March 2006 order, the father paid $659 per month child support for the two children in the care of the mother. There was no dispute that the third child was in the primary care of the father until December 2006, when the child moved to the mother's home. The father requested a variation of the child support order on the ground that his income decreased in mid-2007, and that the arrears be rescinded or specified at an amount that accorded with his decreased income.

The Saskatchewan Court of Queen's Bench, Family Law Division, ordered the father to pay $600 per month for the three children, commencing March 1, 2008, and set a review date of May 30, 2008. The father was not entitled to any rescission of arrears.

Family Law - Topic 2360.1

Maintenance of wives and children - Maintenance of children - Variation of award or agreement - The parties had three children - In accordance with a March 2006 order, the father paid $659 per month child support for the two children in the care of the mother - The third child was in the primary care of the father until December 2006, when the child moved to the mother's home - At the time of the 2006 order, the father was working and his annual income was $49,900 - In June 2007, the father's term contract expired - In February 2008, he entered into a three month contract of employment, at an income equivalent to $32,000 per year - The father requested a variation on the ground that his income decreased in mid-2007 - He was prepared to pay the table amount of $600 per month, for the months of March, April and May, 2008, and proposed that the matter be returned for review given the uncertainty regarding the renewal of his contract of employment - The mother argued that there should be no automatic review and that the father should bring the matter back to court if his income changed in the future - The Saskatchewan Court of Queen's Bench, Family Law Division, ordered the father to pay $600 per month commencing March 1, 2008, and set a review date of May 30, 2008 - The date could be cancelled if the father's contract was renewed and he continued to earn his current income - If the review would be proceeding, the father was to file an affidavit, updating his employment circumstances and income, by May 16, 2008 - The mother was to have the opportunity of responding by May 23, 2008 - A reply affidavit, if necessary, was to be filed by the father by May 28, 2008 - See paragraphs 5 to 9.

Family Law - Topic 2523

Maintenance of wives and children - Enforcement - Orders - Arrears of maintenance (incl. interest) - The parties had three children - In accordance with a March 2006 order, the father paid child support for the two children in the care of the mother - There was no dispute that the third child was in the primary care of the father until December 2006, when the child moved to the mother's home - The father requested a variation on the ground that his income decreased in mid-2007, and that the arrears be rescinded or specified at an amount that accorded with his decreased income - The arrears were $5,314 - The Saskatchewan Court of Queen's Bench, Family Law Division, determined that the father was not entitled to any rescission - The court considered the following factors - There was no reasonable explanation provided by the father as to why he did not bring the variation application earlier - The enforcement of the payment of arrears would not cause hardship given the father's ability to earn a satisfactory income - Further, the father was not adequately providing for the children's needs for the first six months of 2007 given that the mother was caring for three children as opposed to two - The court ordered the father to pay a lump sum of $1,358 by February 29, 2008 and payments of $200 per month towards arrears commencing March 1, 2008 and until the arrears were paid in full - See paragraphs 11 to 16.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments or lump sum award - [See Family Law - Topic 2360.1 ].

Family Law - Topic 4045.8

Divorce - Corollary relief - Maintenance - Support guidelines (incl. nondivorce cases) - Changed circumstances - [See Family Law - Topic 2360.1 ].

Family Law - Topic 4050

Divorce - Corollary relief - Maintenance - Enforcement - Payment or cancellation of arrears of maintenance (incl. interest) - [See Family Law - Topic 2523 ].

Cases Noticed:

Jensen v. Jensen (1990), 86 Sask.R. 257; 28 R.F.L.(3d) 350 (C.A.), refd to. [para. 12].

Loshney v. Hankins (1993), 111 Sask.R. 44; 48 R.F.L.(3d) 67 (Q.B.), refd to. [para. 12].

Wurmlinger v. Cyca (2003), 231 Sask.R. 282; 2003 SKQB 152 (Fam. Div.), refd to. [para. 12].

Haisman v. Haisman (1994), 157 A.R. 47; 77 W.A.C. 47; 7 R.F.L.(4th) 1 (C.A.), refd to. [para. 12].

Aime v. Aime (No. 2) (1990), 65 Man.R.(2d) 195; 27 R.F.L.(3d) 1 (C.A.), refd to. [para. 12].

Counsel:

Gerald B. Heinrichs, for the petitioner;

Terence G. Graf, Q.C., for the respondent.

This matter was heard by Wilson, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who filed the following fiat on February 22, 2008.