Edwards v. Edwards, (1993) 126 N.S.R.(2d) 341 (SC)

• Judge: Grant, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: November 23, 1993
• Jurisdiction: Nova Scotia
• Citations: (1993), 126 N.S.R.(2d) 341 (SC)

Edwards v. Edwards (1993), 126 N.S.R.(2d) 341 (SC);

  352 A.P.R. 341

MLB headnote and full text

Colleen Ann Edwards (Pereira) (petitioner) v. Michael Lee Edwards (respondent)

(No. 1201-42711)

Indexed As: Edwards v. Edwards

Nova Scotia Supreme Court

Grant, J.

November 23, 1993.

Summary:

A husband and wife divorced. The husband agreed, in 1990 minutes of settlement, to pay $1,100/month maintenance for his two children, now aged six and five. The wife applied to increase maintenance. The hus­band applied for, inter alia, a reduction in maintenance.

The Nova Scotia Supreme Court allowed the wife's application and dismissed the husband's application. The court increased maintenance to $1,200/month (net of tax to the wife).

Family Law - Topic 4004

Divorce - Corollary relief - Maintenance awards - Effect of income tax liability - A 37 year old father paid $1,100/month maintenance for two children, aged six and five - The cost of raising the children was $2,000/month - The mother earned $37,769 - The father's income was over $70,000, substantially higher than when he agreed to pay $1,100/month - The mother received only $585 of the $1,100 after paying tax - The father's net cost of paying the $1,100 was $607 because he received an income tax deduction - The Nova Scotia Supreme Court held that there were sufficient changed circumstances to justify a variation of maintenance - The mother was in need and paying more than her proportionate share - The court in­creased the father's maintenance obliga­tion to $1,200/month (net of tax to the mother) - See paragraphs 1 to 58.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments - [See Family Law - Topic 4004 ].

Family Law - Topic 4087

Divorce - Corollary relief - Incidental matters - Names of children - A husband and wife divorced - The wife had custody of two sons, aged six and five - The wife began to use both her and her husband's surname for the children - The husband objected and applied to have the practice stopped - The Nova Scotia Supreme Court stated that the mother was entitled, in the best interests of the children, to use both surnames for the children - See paragraphs 74 to 77.

Cases Noticed:

Moge v. Moge (1992), 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161 (S.C.C.), refd to. [para. 15].

Hubley v. Hubley (1988), 83 N.S.R.(2d) 2; 210 A.P.R. 2 (T.D.), refd to. [para. 74].

Gagnon v. Gagnon (1988), 90 N.S.R.(2d) 331; 230 A.P.R. 331 (Fam. Ct.), refd to. [para. 80].

S.C.C. v. P.P.C. (1993), 122 N.S.R.(2d) 205; 338 A.P.R. 205 (Fam. Ct.), refd to. [para. 80].

Murray v. Murray (1989), 93 N.S.R.(2d) 66; 242 A.P.R. 66 (Fam. Ct.), refd to. [para. 80].

Jardine v. Jardine (1992), 119 N.S.R.(2d) 361; 330 A.P.R. 361 (S.C.), refd to. [para. 80].

Brockie v. Brockie (1987), 46 Man.R.(2d) 33 (Fam. Div.), refd to. [para. 80].

Snelgrove-Fowler v. Fowler (1993), 138 A.R. 192 (Q.B.), refd to. [para. 80].

Silverman v. Silverman (1987), 79 N.S.R.(2d) 282; 196 A.P.R. 282 (C.A.), refd to. [para. 80].

Williamson v. Perry (1986), 76 N.S.R.(2d) 257; 189 A.P.R. 257 (Fam. Ct.), refd to. [para. 80].

Giorno v. Giorno (1991), 103 N.S.R.(2d) 431; 282 A.P.R. 431 (T.D.), refd to. [para. 80].

Carmichael v. Carmichael (1992), 115 N.S.R.(2d) 45; 314 A.P.R. 45 (C.A.), refd to. [para. 80].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 17(4), sect. 17(8) [para. 6].

Authors and Works Noticed:

Williams, Qualifications for Child Support, generally [para. 80].

Counsel:

Deborah K. Smith, for the petitioner;

David S. Green, for the respondent.

These applications were heard on Septem­ber 2 and November 8, 9 and 16, 1993, at Halifax, N.S., before Grant, J., of the Nova Scotia Supreme Court, who delivered the following judgment on November 23, 1993.