Barry v. Wilson, (1990) 110 N.B.R.(2d) 323 (FD)

• Judge: Logan, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: September 05, 1990
• Jurisdiction: New Brunswick
• Citations: (1990), 110 N.B.R.(2d) 323 (FD)

Barry v. Wilson (1990), 110 N.B.R.(2d) 323 (FD);

    110 R.N.-B.(2e) 323; 276 A.P.R. 323

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Charlene (Wilson) Barry (petitioner) v. Brian M. Wilson (respondent)

(FDSJ-5536-86)

Indexed As: Barry v. Wilson

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Saint John

Logan, J.

October 1, 1990.

Summary:

Prior to their divorce, a husband and wife executed a separation agreement. The agreement provided that the husband would pay the wife $1,000.00 per month for child support until the three children became 18 years of age and ceased to be in full time attendance at an educational institution. The husband applied to have determined whether he was required to pay child support for his 22 year old son who was in the fifth year of an undergraduate science program, which normally took four years' to complete.

The New Brunswick Court of Queen's Bench, Family Division, allowed the husband's application, holding that he had fulfilled his obligation to his son.

Family Law - Topic 2351.1

Maintenance of children - Termination of obligation - Upon completion of education - A separation agreement provided that the husband would pay the wife $1,000.00 per month for child support until the three children became 18 years of age and cease to be in full time attendance at an educational institution - A 22 year old son was in his fifth year of an under graduate science program, which normally took four years to complete - The husband reduced child support by 1/3 - The New Brunswick Court of Queen's Bench, Family Division, agreed that the husband had fulfilled his obligation to his son under the separation agreement after he supported him for four years of university - See paragraphs 1 to 14.

Family Law - Topic 3243

Separation agreements - Terms - Interpretation - [See Family Law - Topic 2351.1].

Cases Noticed:

Basque v. Basque (1988), 89 N.B.R.(2d) 214; 226 A.P.R. 214, dist. [paras. 6, 7].

Chamberlain v. Chamberlain (1986), 68 N.B.R.(2d) 184; 175 A.P.R. 184, dist. [paras. 6, 7].

Joyce v. Joyce (1987), 79 N.B.R.(2d) 100; 201 A.P.R. 100, dist. [paras. 6, 7].

McAllister v. McAllister (1985), 65 N.B.R.(2d) 120; 167 A.P.R. 120, dist. [paras. 6, 7].

Neutce v. Neutce (1976), 30 R.F.L. 16, dist. [paras. 6, 7].

S.B.T. v. G.A.D. (1988), 89 N.B.R.(2d) 381; 226 A.P.R. 381, dist. [paras. 6, 7, 8].

Tutiah v. Tutiah (1988), 14 R.F.L.(3d) 37, dist. [paras. 6, 7].

Wilson v. Wilson (1990), 104 N.B.R.(2d) 261; 261 A.P.R. 261, dist. [paras. 6, 18, 22].

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, refd to. [para. 11].

Saunders v. Saunders (1988), 14 R.F.L.(3d) 225, refd to. [para. 18].

LeBlanc v. LeBlanc (1982), 38 N.B.R.(2d) 575; 100 A.P.R. 575, revd. 42 N.B.R.(2d) 639; 110 A.P.R. 639, refd to. [para. 22].

Statutes Noticed:

Divorce Act, S.C. 1986, c. 4, sect. 2(1) [para. 17].

Counsel:

Brenda G. Noble, for the petitioner;

Alyson J. Townsend, for the respondent.

This application was heard on September 5, 1990, before Logan, J., of the New Brunswick Court of Queen's Bench, Family Division, who delivered the following decision on October 1, 1990.