Digest: Hrappsted v Ash, 2018 SKQB 172

• Date: June 18, 2018

Reported as: 2018 SKQB 172

Docket Number: FLD 15/02 JCR , QB17563

Court: Court of Queen's Bench

Date: 2018-06-18

Judges:

• Brown

Subjects:

• Family Law � Child Support � Arrears � Cancellation

Digest: The respondent father sought an order that his child support arrears of $15,500, that had accumulated since 2006, be cancelled. He argued that his disability, diagnosed as possibly being Fetal Alcohol Spectrum Disorder, limited his capacity to earn a living. The petitioner, relying on the evidence that the respondent had acquired a university degree and was currently holding paid employment, suggested that his disability was not so debilitating that he could not earn sufficient income to pay the small amount of child support he had been obliged to pay of $125 per month since his last variation application in 2006. At that time, his support payment was reduced from $280 per month to $125 with $100 dedicated to the then-new ongoing amount and $25 going toward the arrears of $8,000. His outstanding arrears at that time had been reduced by $7,500. The respondent was currently earning $60,500 as an instructor at a First Nation School where he had been employed since 2017. His salary was tax-free because of his First Nation status and would be closer to $80,000.
HELD: The court declined to cancel the respondent�s arrears and ordered that he pay $15,500 to the petitioner in the amount of $150 per month in addition to his ongoing child support obligation. The court found that he had the ability to pay the arrears.

Federal Regulations Considered:

• Federal Child Support Guidelines, SOR/97-175

Cases Considered:

• Allaire v Greyeyes, 2008 SKQB 81, 313 Sask R 178 Bowen v Halliday, 2015 SKQB 152, 475 Sask R 200 Kulyk v Srayko (1997), 162 Sask R 184 Kun v Kun, 2015...