Basque v. Basque, (1988) 89 N.B.R.(2d) 214 (FD)

• Judge: Larlee, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: April 18, 1988
• Jurisdiction: New Brunswick
• Citations: (1988), 89 N.B.R.(2d) 214 (FD)

Basque v. Basque (1988), 89 N.B.R.(2d) 214 (FD);

    89 R.N.-B.(2e) 214; 226 A.P.R. 214

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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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Stella Beaulieu Basque (moving party) v. Lloyd Basque (respondent)

(FDC-126-87)

Indexed As: Basque v. Basque

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Campbellton

Larlee, J.

April 21, 1988.

Summary:

Upon divorce, a wife was granted custody of a daughter and child and spousal support. The husband stopped paying child support when the daughter reached 19 years of age; although she was in full-time attendance at university. The wife applied for arrears of child support and an increase in child and spousal support. The husband applied to terminate child support and limit the wife's support to a fixed term.

The New Brunswick Court of Queen's Bench, Family Division, ordered payment of arrears, terminated the child support and continued the wife's support indefinitely.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance - Awards - To children - Children defined - A father stopped paying maintenance to his daughter when she became 19 - She attended university for a year, worked for a year and then enrolled in community college - The New Brunswick Court of Queen's Bench, Family Division, held that the daughter was a child of the marriage during her full-time university education - See paragraphs 4 to 9 - In the absence of evidence that full-time attendance at a community college rendered her dependent on her parents' support, the court held that she had ceased to be a child of the marriage - See paragraphs 10 to 12.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance - Awards - Variation of periodic payments - A wife sought an increase in maintenance based on change of circumstances, namely, the erosion of the purchasing power of the dollar from inflation - The New Brunswick Court of Queen's Bench, Family Division, refused to increase the maintenance where there was no proof of the inflation rate - See paragraphs 13 to 16.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance - Awards - Variation of periodic payments - Fixed time limit - In considering whether to vary a maintenance award by limiting maintenance to a fixed term, the New Brunswick Court of Queen's Bench, Family Division, identified factors found in recent cases - (1) The age and skills of the spouse who is being supported; (2) the length of time out of the work force; (3) the education, health and capabilities of the spouse in need of support - See paragraphs 17 to 24.

Family Law - Topic 4053

Divorce - Corollary relief - Maintenance - Enforcement - Defences - Delay or laches - The New Brunswick Court of Queen's Bench, Family Division, in deciding whether arrears of child support should be ordered, considered the doctrine of laches - The court stated that the one year rule respecting enforcement of arrears was only a guideline, especially with respect to children - See paragraphs 5 to 7.

Cases Noticed:

Harris v. Harris (1980), 110 D.L.R.(3d) 483, consd. [para. 6].

Gray v. Gray (1983), 32 R.F.L.(2d) 438, refd to. [para. 6].

Neutce v. Neutce (1978), 30 R.F.L. 16, refd to. [para. 12].

Van Vliet v. Van Vliet (1984), 42 R.F.L.(2d) 139, refd to. [para. 12].

Leviston v. Leviston (1984), 42 R.F.L. 371, refd to. [para. 12].

Rice v. Rice (1985), 65 N.B.R.(2d) 91; 167 A.P.R. 91, consd. [para. 15].

Messier v. Delage, [1983] 2 S.C.R. 401; 50 N.R. 16; 35 R.F.L.(2d) 337, consd. [para. 18].

Statutes Noticed:

Divorce Act, S.C. 1986, c. 4, sect. 15(7) [para. 20]; sect. 17 [para. 13].

Divorce Act, R.S.C. 1970, c. D-8, sect. 11(2) [para. 18].

Counsel:

Edmond Blanchard, for the moving party;

Pierre W. Arsenault, for the respondent.

This case was heard on April 18, 1988, before Larlee, J., of the New Brunswick Court of Queen's Bench, Family Division, Judicial District of Campbellton, who delivered the following judgment on April 21, 1988.