Fortune v. Fortune, (1987) 51 Man.R.(2d) 127 (QB)

• Judge: Oliphant, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: August 05, 1987
• Jurisdiction: Manitoba
• Citations: (1987), 51 Man.R.(2d) 127 (QB)

Fortune v. Fortune (1987), 51 Man.R.(2d) 127 (QB)

MLB headnote and full text

Murray Edwin Fortune (petitioner) v. Margaret Elaine Fortune and Dale Newton (respondents)

Margaret Elaine Fortune (petitioner by counter-petition) v. Murray Edwin Fortune and Laurie Hawkins (respondents by counter-petition)

(No. 3013 D.P.)

Indexed As: Fortune v. Fortune

Manitoba Court of Queen's Bench

Brandon Centre

Oliphant, J.

August 5, 1987.

Summary:

A husband and wife were divorced and the wife, who had custody of their three children, applied for child support. The Manitoba Court of Queen's Bench allowed the wife's application.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance - Awards - Children - A husband and wife divorced and the wife had custody of their three children, ranging in age from 10 to 13 years old - Wife living with common law husband who contributed to child support - Former husband earned $1275 per month with expenses of $1707.14, including a payment of $800 per month to service a debt - The Manitoba Court of Queen's Bench held that the former husband had an obligation to support his children notwithstanding the contribution by the common law husband - The court opined that the former husband's debt payments could be restructured and ordered him to pay $225 per month child support ($75 per child).

Family Law - Topic 4031

Divorce - Corollary relief - Maintenance - Awards - Effect of contribution of common law spouse of claimant - [See Family Law - Topic 4014 above].

Cases Noticed:

Currie v. Currie, [1987] 3 W.W.R. 374; 45 Man.R.(2d) 289, refd to. [para. 15].

Statutes Noticed:

Divorce Act, 1985, S.C. 1986, c. 4, generally [para. 14]; sect. 15(5) [para. 16]; sect. 15(8) [para. 17].

Counsel:

R.T. Smith, for the husband;

M.E. Hart, for the wife.

This application was heard before Oliphant, J., of the Manitoba Court of Queen's Bench, Brandon Centre, who delivered the following decision on August 5, 1987.