Ffrench v. Ffrench, (2001) 192 N.S.R.(2d) 107 (CA)

• Judge: Freeman, Hallett and Bateman, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: February 27, 2001
• Jurisdiction: Nova Scotia
• Citations: (2001), 192 N.S.R.(2d) 107 (CA);2001 NSCA 43

Ffrench v. Ffrench (2001), 192 N.S.R.(2d) 107 (CA);

 599 A.P.R. 107

MLB headnote and full text

Temp. Cite: [2001] N.S.R.(2d) TBEd. FE.052

Robert Ffrench (appellant) v. Kerri (Munroe) Ffrench (respondent)

(C.A. No. 167144; 2001 NSCA 43)

Indexed As: Ffrench v. Ffrench

Nova Scotia Court of Appeal

Freeman, Hallett and Bateman, JJ.A.

February 27, 2001.

Summary:

Spouses divorced in 1994 after 8.5 years' marriage. The mother had custody of their two children and the father was ordered to pay $700 per month child support, reduced to $400 per month on appeal. In September 1996, one of the children moved in with the father. Beginning January 1, 1997, the father reduced his support payments to $200 per month. The father subsequently applied to terminate his support obligation, with each parent supporting the child in their respective custody.

The Nova Scotia Supreme Court, in a judgment not reported in this series of reports, dismissed the application. The father appealed.

The Nova Scotia Court of Appeal dis­missed the appeal.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments or lump sum award - Spouses divorced in 1994 after 8.5 years' marriage - The mother had custody of their two children and the father was ordered to pay $700 per month child support, reduced to $400 per month on appeal - In September 1996, one of the children moved in with the father - Beginning January 1, 1997, the father reduced his support payments to $200 per

month - The father subsequently applied to terminate his support obligation, with each parent supporting the child in their respec­tive custody - The father was a teacher earning $33,000 per year - The mother, also a teacher, was not able to secure a full-time teaching position, so she opted to take less remunerative (but certain) em­ployment of $14,400 per year - The trial judge, rejecting the submission that the mother was underemployed, refused to vary child support - The father appealed - The Nova Scotia Court of Appeal dis­missed the appeal - The trial judge did not err.

Family Law - Topic 4045.1

Divorce - Corollary relief - Maintenance - Support guidelines - General - The father's child support payments were fixed at $400 per month when the mother had custody of their two children - The father now had custody of one child and reduced support to $200 per month - The father later applied to terminate his support obligation - He did not request that the Federal Child Support Guidelines be applied - On appeal from the trial judge's refusal to vary sup­port, the father submitted that the trial judge should have calculated and ordered the Guideline amount in this split custody situation - The Nova Scotia Court of Appeal stated that "I am not aware of any jurisprudence in this province deciding that on every post-Guideline application to vary a pre-Guideline maintenance or agreement, the judge is obliged to vary the child sup­port to align with the Guideline amounts" -The court stated that absent a request by the husband to apply the Guidelines, it was unnecessary to decide the issue - In any event, applying the Guidelines would produce a net amount of child support not materially different from what the father currently paid - See paragraph 19.

Family Law - Topic 4045.8

Divorce - Corollary relief - Maintenance - Support guidelines - Changed circum­stances - [See Family Law - Topic 4045.1 ].

Cases Noticed:

Sherman v. Sherman (1999), 146 O.A.C. 342; 45 R.F.L.(4th) 424 (C.A.), refd to. [para. 19].

Bates v. Bates (2000), 133 O.A.C. 319; 5 R.F.L.(5th) 259 (C.A.), refd to. [para. 19].

Dergousoff v. Dergousoff (1999), 177 Sask.R. 64; 199 W.A.C. 64; 48 R.F.L.(4th) 1 (C.A.), refd to. [para. 19].

Wang v. Wang (1998), 110 B.C.A.C. 302; 178 W.A.C. 302; 39 R.F.L.(4th) 426 (C.A.), refd to. [para. 19].

Counsel:

Robert Ffrench, on his own behalf;

Kerri (Munroe) Ffrench, on her own behalf.

This appeal was heard on February 6, 2001, before Freeman, Hallett and Bateman, JJ.A., of the Nova Scotia Court of Appeal.

On February 27, 2001, Bateman, J.A., delivered the following judgment for the Court of Appeal.