Jacobucci v. Jacobucci, (2006) 208 Man.R.(2d) 119 (CA)

• Judge: Huband, Monnin and Freedman, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: September 20, 2006
• Jurisdiction: Manitoba
• Citations: (2006), 208 Man.R.(2d) 119 (CA);2006 MBCA 109

Jacobucci v. Jacobucci (2006), 208 Man.R.(2d) 119 (CA);

      383 W.A.C. 119

MLB headnote and full text

Temp. Cite: [2006] Man.R.(2d) TBEd. SE.016

Tammy Lynn Jacobucci (petitioner/respondent) v. Daniel Gerald Jacobucci (respondent/appellant)

(AF 05-30-06280; 2006 MBCA 109)

Indexed As: Jacobucci v. Jacobucci

Manitoba Court of Appeal

Huband, Monnin and Freedman, JJ.A.

September 20, 2006.

Summary:

A divorced father appealed an order dismissing his application to vary child support payments.

The Manitoba Court of Appeal dismissed the appeal.

Editor's Note: For a related case involving these parties see 133 Man.R.(2d) 306.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance and awards - Awards - Variation of periodic payments or lump sum award - A divorced father applied to vary a June 2000 child support consent order which provided for payments in excess of the Child Support Guidelines - The motions judge dismissed the application after making strong credibility findings against the husband - The motions judge stated, inter alia, that an applicant seeking a reduction of his child support obligation had to meet a high evidentiary standard - The father's evidence of his income simply did not ring true and to the degree necessary to support a child support variation application - The Manitoba Court of Appeal dismissed the father's appeal - The effect of the judge's finding with respect to the father's credibility basically meant that there was no evidence before him to justify varying the existing order - He made no error in dismissing the application.

Counsel:

B.R. Kress, for the appellant;

S.B. Malamud, for the respondent;

M.C. Stephensen, for the Director of Employment and Income Assistance.

This appeal was heard on September 20, 2006, before Huband, Monnin and Freedman, JJ.A., of the Manitoba Court of Appeal. Monnin, J.A., pronounced the following decision for the court on that date.