Barber v. Barber, (1995) 137 Nfld. & P.E.I.R. 36 (NFTD)

• Judge: Dunn, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: December 12, 1995
• Jurisdiction: Newfoundland and Labrador
• Citations: (1995), 137 Nfld. & P.E.I.R. 36 (NFTD)

Barber v. Barber (1995), 137 Nfld. & P.E.I.R. 36 (NFTD);

    428 A.P.R. 36

MLB headnote and full text

Esther Lillian Barber (petitioner) v. Russell Barber (respondent)

(1994 Court No. 1006)

(Divorce Registry No. 000273)

Indexed As: Barber v. Barber

Newfoundland Supreme Court

Trial Division

Dunn, J.

December 12, 1995.

Summary:

A mother applied under the Divorce Act for support for two children, ages 18 and 20.

The Newfoundland Supreme Court, Trial Division, allowed the application.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance and awards - Awards - To children and children defined - A mother applied for support for two children, a son age 18 and a daughter age 20 - Both were involved in educational pursuits - The parents were separated for 13 years during which the father did not pay child support - The father's net take-home pay was $2,070 and the mother's was $1,020 - The Newfound­land Supreme Court, Trial Division, ordered the father to pay $200 per month for the son and $175 per month for the daughter.

Cases Noticed:

Levesque v. Levesque (1994), 155 A.R. 26; 73 W.A.C. 26; 4 R.F.L.(4th) 375 (C.A.), appld. [para. 16].

Anderson v. Anderson (1983), 59 N.S.R.(2d) 142; 125 A.P.R. 142; 36 R.F.L.(2d) 34 (T.D.), refd to. [para. 20].

Matthews v. Matthews (1988), 68 Nfld. & P.E.I.R. 91; 209 A.P.R. 91; 11 R.F.L.(3d) 431 (Nfld. T.D.), refd to. [para. 23].

Statutes Noticed:

Divorce Act, R.S.C. (2nd Supp.), c. 3, sect. 2 [para. 11]; sect. 15(2)(b) [para. 10].

Authors and Works Noticed:

Wilson, Jeffrey, Children and the Law (Looseleaf Compilation), p. 4.2 [para. 23].

Counsel:

Robert Forbes, for the petitioner;

Donald MacBeath, for the respondent.

This matter was heard before Dunn, J., of the Newfoundland Supreme Court, Trial Division, who filed the following decision on December 12, 1995.