Jensen v. Bryson,

• Jurisdiction: Manitoba
• Judge: Rivoalen
• Neutral Citation: 2014 MBQB 137
• Citation: 2014 MBQB 137,(2014), 308 Man.R.(2d) 24 (QBFD),308 ManR(2d) 24,(2014), 308 ManR(2d) 24 (QBFD),308 Man.R.(2d) 24
• Date: 27 June 2014
• Court: Court of Queen's Bench of Manitoba (Canada)

Jensen v. Bryson (2014), 308 Man.R.(2d) 24 (QBFD)

MLB headnote and full text

Temp. Cite: [2014] Man.R.(2d) TBEd. JL.035

Kyla Marie Jensen (petitioner) v. Brent Christopher Bryson (respondent)

(FD 99-01-55839; 2014 MBQB 137)

Indexed As: Jensen v. Bryson

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

Rivoalen, A./A.C.J.

June 27, 2014.

Summary:

A child lived with his mother. The father was ordered to pay child support pursuant to the Family Maintenance Act. The child turned 18 in January 2012 and by that time had enough credits to graduate from high school. From February to June 2012, he took two high school courses and worked part-time. The child began university in September 2012 but voluntarily withdrew in October 2012, at which time he began living with the father. The child began attending community college on a full-time basis in September 2013. He expected to complete his program in June 2015. The father applied for an order requiring the mother to (1) refund him for child support that he paid between February and August 2012 on the basis that the child was independent during that time; and (2) pay the full Table amount of child support and her proportionate share of extraordinary expenses (tuition and books) effective September 2013.

The Manitoba Court of Queen's Bench, Family Division, ordered the mother to pay the Table amount of child support from September 2013 until June 2015. The court declined to order the mother to make any contribution to extraordinary expenses. The child continued to be dependent during the period February to August 2012, so there was no overpayment of child support during that time.

Family Law - Topic 2342.1

Maintenance of spouses and children - Maintenance of children - Dependent child - A child lived with his mother - The father was ordered to pay child support under the Family Maintenance Act - The child turned 18 in January 2012 and by that time had enough credits to graduate from high school - From February to June 2012, he took two high school courses and worked part-time - He earned an income of $16,929 - The child attended university in September 2012 - The father sought a refund of the child support that he paid from February to August 2012, arguing that the child was not dependent during that time - The Manitoba Court of Queen's Bench, Family Division, disagreed - The court stated that "A child who has just reached the age of majority, who has excelled in school, who works on a part-time basis while still studying in elective high school courses, who resides with one of two parents only and who has a reasonable plan in place to pursue post-secondary studies should not automatically be cut off from parental care and financial support. ...  I find that there was no hiatus in this child's dependency from February 2012 to August 2012. Accordingly, there has been no overpayment of child support during that period of time." - See paragraphs 33 to 41.

Family Law - Topic 2344

Maintenance of spouses and children - Maintenance of children - Awards - Periodic payments - [See Family Law - Topic 4045.4 ].

Family Law - Topic 2484

Maintenance of spouses and children - Awards - Periodic payments - [See Family Law - Topic 4045.4 ].

Family Law - Topic 4045.4

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Special or extraordinary expenses - An 18 year old child moved out of his mother's home and began living with his father in October 2012 - He began attending a certificate course at the Red River Community College (RRCC) on a full-time basis in September 2013 - The certificate course was a prerequisite to a diploma program at RRCC which the child had been accepted into and which was set to begin in September 2014 - Between 2012 and 2014, the child earned a total of $40,000 from working part-time - The mother's 2013 income was $53,257 and the father's was $79,285 - The father applied for an order requiring the mother to pay the full Table amount of child support beginning in September 2013, and her proportionate share of extraordinary expenses (tuition and books) - The Manitoba Court of Queen's Bench, Family Division, ordered the mother to pay the Table amount of child support from September 2013 until June 2015, when the child was expected to graduate from the diploma program - Including arrears, this would equal $642/month - Given the amount of these payments and the mother's income, the court declined to impose any additional payment obligations respecting post-secondary education expenses - See paragraphs 45 to 68.

Family Law - Topic 4045.11

Divorce - Corollary relief - Maintenance - Support guidelines (incl. nondivorce cases) - Children over the age of majority - [See Family Law - Topic 4045.4 ].

Cases Noticed:

Rebenchuk v. Rebenchuk (2007), 212 Man.R.(2d) 261; 389 W.A.C. 261; 2007 MBCA 22, appld. [para. 28].

Counsel:

K.M. Jensen, appeared in person;

Noah Fishman, for the respondent.

This application was heard before Rivoalen, A./A.C.J., of the Manitoba Court of Queen's Bench, Family Division, Winnipeg Centre, who delivered the following judgment on June 27, 2014.