Bigknife v. Bigknife, 2006 SKQB 276

• Judge: McIntyre, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 16, 2006
• Jurisdiction: Saskatchewan
• Citations: 2006 SKQB 276;(2006), 281 Sask.R. 92 (FD)

Bigknife v. Bigknife (2006), 281 Sask.R. 92 (FD)

MLB headnote and full text

Temp. Cite: [2006] Sask.R. TBEd. JN.040

Lisa Eileen Bigknife (petitioner) v. Lawrence William Bigknife (respondent)

(2006 D.I.V. No. 133; 2006 SKQB 276)

Indexed As: Bigknife v. Bigknife

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

McIntyre, J.

June 16, 2006.

Summary:

The parties had three children. Two lived with the father and one lived with the mother. The mother sought an order for interim child support.

The Saskatchewan Court of Queen's Bench, Family Law Division, ordered the father to pay child support of $145 per month and $42 per month on account of child care expenses.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance and awards - Awards - To children and children defined - The parties' 18 year old daughter lived with the father - She was a student at SIAST - As the father was a status Indian, the daughter received financial assistance from her Band - The Band paid for her tuition and books and provided a living allowance of $700 or $750 per month - The Saskatchewan Court of Queen's Bench, Family Law Division, held that the daughter remained a child of the marriage within the meaning of the Divorce Act - The court stated that the living allowance of $700 or $750 per month was not enough to say that the daughter could withdraw from her parents' charge or that she could be financially self-sufficient - The court also held that utilizing the Table amount of support and any applicable s. 7 expense would not be inappropriate in this case - See paragraphs 1 to 19.

Family Law - Topic 4045.11

Divorce - Corollary relief - Maintenance - Support guidelines (incl. nondivorce cases) - Children over the age of majority - [See Family Law - Topic 4014 ].

Cases Noticed:

Bowman v. Bowman (2005), 260 Sask.R. 312; 2005 SKQB 2 (Fam. Div.), consd. [para. 7].

Fair v. Jones (1999), 44 R.F.L.(4th) 399 (N.W.T.S.C.), refd to. [para. 8].

Wahl v. Wahl (2000), 257 A.R. 212; 2 R.F.L.(5th) 307; 2000 ABQB 10, consd. [para. 10].

Buzon v. Buzon (1999), 240 A.R. 103 (Q.B.), refd to. [para. 12].

Bates v. Bates (1995), 165 A.R. 71; 89 W.A.C. 71 (C.A.), refd to. [para. 12].

Welsh v. Welsh (1998), 79 O.T.C. 81 (Gen. Div.), refd to. [para. 12].

Achkewich v. Achkewich (1998), 220 A.R. 385; 1998 ABQB 280, refd to. [para. 12].

Wright v. Wright, [1996] 4 W.W.R. 1; 141 Sask.R. 44; 114 W.A.C. 44 (C.A.), refd to. [para. 13].

Lewi v. Lewi (2006), 209 O.A.C. 344 (C.A.), refd to. [para. 18].

Counsel:

Kendra A. Chorney, for the petitioner;

Jo-Ann Parker, for the respondent.

This matter was heard before McIntyre, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the following judgment on June 16, 2006.