Balazs v. Balazs, (1988) 86 N.S.R.(2d) 1 (FC)

• Case Date: February 10, 1988
• Jurisdiction: Nova Scotia
• Citations: (1988), 86 N.S.R.(2d) 1 (FC)

Balazs v. Balazs (1988), 86 N.S.R.(2d) 1 (FC);

    218 A.P.R. 1

MLB headnote and full text

Virginia Balazs (petitioner) v. Miklos Balazs (respondent)

(000768)

Indexed As: Balazs v. Balazs

Nova Scotia Family Court

Niedermayer, J.F.C.

February 10, 1988.

Summary:

A husband and wife divorced in 1987. An agreement provided for a reduction in maintenance from $202.50 per week to $102.50 per week, if the wife did not attempt to obtain employment and included a one year review date. The wife, age 47, hearing impaired and with a history of alcoholism and drug dependency, did not try to find work. The husband reduced the maintenance. After about five months, the wife injured her hip and became unemployable. She applied for increased maintenance.

The Nova Scotia Family Court upheld the reduction in maintenance by $100 until her injury; ordered payment of the full amount of $202.50 until the review date; and ordered payment of $50 per week following the date of review.

Family Law - Topic 4006

Divorce - Corollary relief - Maintenance awards - Effect of agreement - Pursuant to the terms of their written agreement, a husband reduced the weekly maintenance to his former wife because she did not attempt to find work - Then, the wife injured her hip and became unemployable - The Nova Scotia Family Court upheld the parties' agreement - The court allowed reduced maintenance until her injury and payment of the full amount until the agreed one year review date and thereafter, a reduced amount in accordance with the agreement - The court stated that there was no change in circumstances causally connected to the marriage so as to override the agreement - See paragraphs 8 to 12 - The court also stated that the agreement was designed to encourage the financial independence of the wife and recommended that the wife apply for a disability pension - See paragraphs 14 to 18.

Cases Noticed:

Caron v. Caron, [1987] 1 S.C.R. 892; 75 N.R. 36; 7 R.F.L.(3d) 274, consd. [para. 7].

Richardson v. Richardson, [1987] 1 S.C.R. 857; 77 N.R. 1; 22 O.A.C. 1; 7 R.F.L.(3d) 304, consd. [para. 7].

Pelech v. Pelech, [1987] 1 S.C.R. 801; [1987] 4 W.W.R. 481; 76 N.R. 81; 7 R.F.L.(3d) 225, consd. [para. 7].

Frampton v. Macdonald (1987), 78 N.S.R.(2d) 258; 193 A.P.R. 258, refd to. [para. 14].

Statutes Noticed:

Divorce Act, R.S.C. 1970, c. D-8, sect. 11 [para. 9].

Divorce Act, S.C. 1986, c. 4, sect. 16 [para. 9]; sect. 17 [para. 9]; sect. 17(7) [para. 2].

Counsel:

Richard Evans, for the petitioner;

Christopher Manning, for the respondent.

This case was heard at Dartmouth, Nova Scotia, before Niedermayer, J.F.C., of the Nova Scotia Family Court, who delivered the following judgment on February 10, 1988.