Black v. Black, (2003) 246 Sask.R. 174 (FD)

• Judge: Hunter, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 08, 2003
• Jurisdiction: Saskatchewan
• Citations: (2003), 246 Sask.R. 174 (FD);2003 SKQB 521

Black v. Black (2003), 246 Sask.R. 174 (FD)

MLB headnote and full text

Temp. Cite: [2003] Sask.R. TBEd. DE.068

Kenneth Robert Black (petitioner) v. Darlene Agnes Black (respondent)

(1997 D.I.V. No. 708; 2003 SKQB 521)

Indexed As: Black v. Black

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Hunter, J.

December 8, 2003.

Summary:

The parties divorced. In March 2003, the mother sought a declaration that one of the children (born 1984) was still a child of the marriage and an order that the father pay child support for that child retroactive to September 1, 2002. The father applied to strike portions of the mother's supporting affidavit.

The Saskatchewan Court of Queen's Bench struck portions of the mother's affidavit, granted the declaration but declined to award retroactive child support.

Family Law - Topic 4001.1

Divorce - Corollary relief - Maintenance awards - Retroactive awards - The parties divorced - In March 2003, the mother sought a declaration that one of the children (born 1984) was still a child of the marriage and an order that the father pay child support for that child retroactive to September 1, 2002 - The child graduated from high school in June 2002 - He worked 32 hours per week from January to August 2002 and earned $7,791 - He worked little after that date - He took classes to improve his marks and re-wrote some exams - In February 2003, he enroled in two high school night classes - He did not pass some classes but did well in others - He enroled in university in September 2003 - Throughout this period, the father gave the child cash and cheques for various expenses - The Saskatchewan Court of Queen's Bench, Family Law Division, granted the declaration but declined to award retroactive child support for the period of September 2002 to August 2003 - The court was not satisfied that the child was unable to withdraw himself from the care of his mother during that time - The amounts paid by the father to the child were adequate payment for that time.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance awards - To children and children defined - [See Family Law - Topic 4001.1 ].

Family Law - Topic 4045.11

Divorce - Corollary relief - Maintenance - Support guidelines - Child over the age of majority - [See Family Law - Topic 4001.1 ].

Cases Noticed:

McConnell v. McConnell (2002), 215 Sask.R. 195 (Q.B. Fam. Div.), appld. [para. 12].

Counsel:

M.L. Senko, for the petitioner;

A.M. Quayle, for the respondent.

These application were heard before Hunter, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who released the following judgment on December 8, 2003.