Irwin v. Irwin, (1999) 136 Man.R.(2d) 242 (QBFD)

• Judge: Yard, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: April 13, 1999
• Jurisdiction: Manitoba
• Citations: (1999), 136 Man.R.(2d) 242 (QBFD)

Irwin v. Irwin (1999), 136 Man.R.(2d) 242 (QBFD)

MLB headnote and full text

Temp. Cite: [1999] Man.R.(2d) TBEd. AP.031

Carol Darlene Irwin (petitioner) v. Wayne Keith Irwin (respondent)

(FD 94-01-38492)

Indexed As: Irwin v. Irwin

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

Yard, J.

April 13, 1999.

Summary:

A wife sought a divorce. The parties agreed that, inter alia, the corollary relief judgment would be silent on child support for the children of the marriage, although the children were children of the marriage. The husband would pay child support as agreed to in the interim order, which was pursuant to the Family Maintenance Act.

The Manitoba Court of Queen's Bench, Family Division, stayed the granting of the divorce because it was not satisfied that appropriate arrangements were in place for the children's support.

Family Law - Topic 3877

Divorce - Defences or discretionary bars - When divorce refused - Lack of reason­able support arrangements for children - In divorce proceedings, the parties agreed that the husband would pay $450 monthly child support (tax deductible for the hus­band/taxable for the wife) as agreed to in the interim order, which was pursuant to the Family Maintenance Act - The hus­band and wife earned $43,000 and $23,000 annually respectively - The daughter attended uni­versity - The Mani­toba Court of Queen's Bench, Family Division, stayed the grant­ing of the divorce - The proposed child support arrangements did not consti­tute reasonable support with­in s. 11(1)(b) of the Divorce Act - The monthly net of tax amount of child support under the interim order was $51 less (one child) and $275 less (two children) than the Federal Child Support Guidelines table amount - The court was guided by the objectives of the Guidelines.

Family Law - Topic 4045.1

Divorce - Corollary relief - Maintenance - Support guidelines - General (incl. inter­pretation) - [See Family Law - Topic 3877 ].

Cases Noticed:

Money v. Money (1987), 45 Man.R.(2d) 308 (C.A.), refd to. [para. 28, Appendix].

Schultz v. Schultz (1987), 48 Man.R.(2d) 251 (Q.B. Fam. Div.), refd to. [para. 28, Appendix].

Tyrrell v. Tyrrell (1989), 59 Man.R.(2d) 151 (Q.B. Fam. Div.), refd to. [para. 28, Appendix].

Palansky v. Palansky (1989), 60 Man.R.(2d) 141 (Q.B. Fam. Div.), refd to. [para. 28, Appendix].

Geddert v. Geddert (1993), 88 Man.R.(2d) 168; 51 W.A.C. 168 (C.A.), refd to. [para. 28, Appendix].

Desjardins v. Desjardins (1993), 89 Man.R.(2d) 140 (Q.B.), refd to. [para. 28, Appendix].

Zarebski v. Zarebski (1997), 33 O.T.C. 238; 29 R.F.L.(4th) 93 (Gen. Div.), refd to. [para. 28, Appendix].

Orellana v. Merinol (1998), 40 R.F.L.(4th) 129 (Ont. Gen. Div.), refd to. [para. 28, Appendix].

Arbeau v. Arbeau (1997), 189 N.B.R.(2d) 281; 482 A.P.R. 281; 30 R.F.L.(4th) 192 (C.A.), refd to. [para. 28, Appendix].

Anderson v. Anderson (1987), 84 N.B.R.(2d) 226; 214 A.P.R. 226; 11 R.F.L.(3d) 260 (C.A.), refd to. [para. 28, Appendix].

Counsel:

Leandre G. Buisse, for the petitioner;

Chad H. Schaan, for the respondent.

This matter was heard before Yard, J., of the Manitoba Court of Queen's Bench, Fam­ily Division, Winnipeg Centre, who delivered the following judgment on April 13, 1999.