Davis v. Davis and Niemar, (1994) 98 Man.R.(2d) 94 (QBFD)

• Judge: Jewers, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: August 09, 1994
• Jurisdiction: Manitoba
• Citations: (1994), 98 Man.R.(2d) 94 (QBFD)

Davis v. Davis (1994), 98 Man.R.(2d) 94 (QBFD)

MLB headnote and full text

Christina Diane Davis (petitioner) v. William Arthur Davis and Cheryl Niemar (respondents)

(Suit No. FD 84-01-30735)

Indexed As: Davis v. Davis and Niemar

Manitoba Court of Queen's Bench

Family Division

Jewers, J.

August 9, 1994.

Summary:

A husband and wife divorced. By consent, the father was ordered to pay the wife monthly support of $1,000 for the two children of the marriage. After one child went to live with the father, a consent varia­tion order was issued requiring the husband to pay $500 monthly child support. The husband applied to reduce the amount of child support. The wife applied for increased child support.

The Manitoba Court of Queen's Bench, Family Division, ordered the husband to pay the wife $600 monthly child support.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance awards - To children - Variation - By consent, a divorced father was ordered to pay monthly support of $1,000 for the son and daughter of the marriage - After the daughter went to live with the father, a consent variation order was issued requir­ing the father to pay $500 monthly support - The wife was unable to meet her expenses on her base income of $21,000, but could earn up to $27,000 if she suc­ceeded in obtaining extra work - The father grossed $50,000 and had a monthly surplus of $11 after expenses - The Mani­toba Court of Queen's Bench, Family Division, increased child support payments to $600 - The court stated that although the father was paying his proportionate share of the expenses, the court could not slavishly follow a formula based on the parties' respective gross incomes.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments - [See Family Law - Topic 4014 ].

Family Law - Topic 4027

Divorce - Corollary relief - Maintenance awards - Effect of income or potential income of claimant - [See Family Law - Topic 4014 ].

Cases Noticed:

Skelton v. Skelton (1994), 92 Man.R.(2d) 311; 61 W.A.C. 311 (C.A.), consd. [para. 29].

Counsel:

M. Pollock, for the petitioner;

G. Ashcroft, for the respondent, William Arthur Davis.

These applications were heard before Jewers, J., of the Manitoba Court of Queen's Bench, Family Division, who delivered the following judgment on August 9, 1994.