Edwards v. Edwards, (2015) 376 Nfld. & P.E.I.R. 249 (NLTD(G))

• Judge: Handrigan, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: October 29, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 376 Nfld. & P.E.I.R. 249 (NLTD(G))

Edwards v. Edwards (2015), 376 Nfld. & P.E.I.R. 249 (NLTD(G));

    1170 A.P.R. 249

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. DE.006

Gail Manning Edwards (applicant) v. Brad Michael Edwards (respondent)

(200706T0058; 2015 NLTD(G) 165)

Indexed As: Edwards v. Edwards

Newfoundland and Labrador Supreme Court

Trial Division (General)

Handrigan, J.

November 23, 2015.

Summary:

The parties' child was born in 1996. The father had paid child support since the parties' divorce in 2005. The father applied to vary child support, claiming that the child was no longer a child of the marriage.

The Newfoundland and Labrador Supreme Court, Trial Division (General), held that the child was still a child of the marriage where he had returned to school full-time and required financial help. However, the Guidelines amount of support was no longer appropriate. The father, mother and child would each be required to contribute to the child's education-related expenses in proportion to their respective incomes.

Family Law - Topic 2210

Maintenance of spouses and children - General principles - Calculation or attribution of income - [See Family Law - Topic 4045.14 ].

Family Law - Topic 2342.1

Maintenance of spouses and children - Maintenance of children - Dependent child - [See Family Law - Topic 4045.14 ].

Family Law - Topic 2357

Maintenance of spouses and children - Maintenance of children - Considerations - [See Family Law - Topic 4045.14 ].

Family Law - Topic 2360.1

Maintenance of spouses and children - Maintenance of children - Variation of award or agreement - [See Family Law - Topic 4045.14 ].

Family Law - Topic 2384

Maintenance of spouses and children - Variation of - Grounds - [See Family Law - Topic 4045.14 ].

Family Law - Topic 3998

Divorce - Corollary relief - General - Children's post-secondary education - [See Family Law - Topic 4045.14 ].

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance awards - To children and children defined - [See Family Law - Topic 4045.14 ].

Family Law - Topic 4045.5

Divorce - Corollary relief - Maintenance - Child support guidelines - Calculation or attribution of income - [See Family Law - Topic 4045.14 ].

Family Law - Topic 4045.11

Divorce - Corollary relief - Maintenance - Child support guidelines - Children over the age of majority - [See Family Law - Topic 4045.14 ].

Family Law - Topic 4045.14

Divorce - Corollary relief - Maintenance - Child support guidelines - Where child has income or capital - The parties' child (Brad) was born in 1996 - The father had paid child support since the parties' divorce in 2005 - The father applied to vary child support, claiming that Brad was no longer a child of the marriage - The Newfoundland and Labrador Supreme Court, Trial Division (General), held that Brad was still a child of the marriage where he had returned to school full-time and required financial help - However, the Guidelines amount of support was no longer appropriate - Each parent would contribute to Brad's support in proportion to their respective abilities, but Brad was required to contribute as well because (a) he had previously earned a lucrative income from employment that his father arranged before he quit for no apparent reason, and from which he could have earned enough in a short time to pay for the entire cost of his education; (b) he purchased an expensive sports car and could sell it to help pay for his education, especially since he was currently unable to drive due to an impaired driving charge; and (c) he could have worked at full or part-time employment between January and August 2015 to help defray the costs of his education - The court imputed income of $30,000 to Brad - The father's income was approximately $180,000 and the mother's was $62,384 - Accordingly, the father was ordered to pay 66% of Brad's education-related expenses.

Counsel:

Gail Manning Edwards, on her own behalf;

Glen W. Picco, Q.C., for the respondent.

This application was heard at Grand Bank, N.L., on October 29, 2015, before Handrigan, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following reasons for judgment on November 23, 2015.