Jardine v. Jardine, (1992) 119 N.S.R.(2d) 361 (SC)

Judge:Saunders, J.
Court:Supreme Court of Nova Scotia
Case Date:December 18, 1992
Jurisdiction:Nova Scotia
Citations:(1992), 119 N.S.R.(2d) 361 (SC)
 
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Jardine v. Jardine (1992), 119 N.S.R.(2d) 361 (SC);

  330 A.P.R. 361

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Christine Ann Jardine (petitioner) v. George Geoffrey Jardine (respondent)

(No. 1201-40215)

Indexed As: Jardine v. Jardine

Nova Scotia Supreme Court

Saunders, J.

December 18, 1992.

Summary:

A mother applied for an increase in child support.

The Nova Scotia Supreme Court allowed the application.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance and awards - Awards - To children and children defined - [See Family Law - Topic 4019.1 ].

Family Law - Topic 4019.1

Divorce - Corollary relief - Maintenance and awards - Awards - Indexation - A couple divorced after a six year marriage - The wife had custody of their young child - Upon divorce she earned $30,921 per year - The husband's income was $11,000 from odd jobs - The husband paid $200 in child support - The wife had medical expenses related to the child's bowel dis­order - After four years the husband's income had increased to $18,200, while his new wife earned $27,000 - His ex-wife's salary had increased by $7000 - She applied for an increase in child support - The Nova Scotia Supreme Court increased child support to $500 per month, indexed to the cost of living.

Cases Noticed:

Kerr v. Kerr, [1990] 1 W.W.R. 93; 79 Sask.R. 52; 62 D.L.R.(4th) 694; 22 R.F.L.(3d) 221 (C.A.), refd to. [para. 25].

Richardson v. Richardson, [1987] 1 S.C.R. 857; 77 N.R. 1; 22 O.A.C. 1; 7 R.F.L.(3d) 304; 38 D.L.R.(4th) 699; 17 C.P.C.(2d) 104, refd to. [para. 25].

Jarvis v. Jarvis (1984), 45 R.F.L.(2d) 223 (Ont. C.A.), refd to. [para. 25].

Linton v. Linton (1991), 42 O.A.C. 328; 30 R.F.L.(3d) 1; 1 O.R.(3d) 1; 75 D.L.R.(4th) 637; 41 E.T.R. 85 (C.A.), refd to. [para. 25].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 17 [para. 9].

Counsel:

Kay Rhodenizer, for the petitioner;

Margot MacDonald, for the respondent.

This matter was heard in chambers, on December 18, 1992, before Saunders, J., of the Nova Scotia Supreme Court, who delivered the following oral judgment on December 18, 1992.

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