A.M.T. v. R.D.C., 2012 SKQB 85

• Judge: Chicoine, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 21, 2012
• Jurisdiction: Saskatchewan
• Citations: 2012 SKQB 85;(2012), 395 Sask.R. 65 (QB)

A.M.T. v. R.D.C. (2012), 395 Sask.R. 65 (QB)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. MR.072

A.M.T. (petitioner) v. R.D.C. (respondent)

(2011 FLD No. 159; 2012 SKQB 85)

Indexed As: A.M.T. v. R.D.C.

Saskatchewan Court of Queen's Bench

Judicial Centre of Estevan

Chicoine, J.

February 21, 2012.

Summary:

The parties separated after a four year relationship. The mother had a young child when the parties met and a child was born during their relationship. The mother sought interim joint custody, child support for both children and spousal support.

The Saskatchewan Court of Queen's Bench allowed the application.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Family Law - Topic 2203

Maintenance of wives and children - General principles - Person obliged to support children (in loco parentis) - [See first Family Law - Topic 2224 ].

Family Law - Topic 2224

Maintenance of wives and children - Interim relief - Interim maintenance - The parties separated after a four year relationship - The mother had a young child (K.) when the parties met and a child was born during their relationship - The mother sought interim child support for both children - The father sought access to both children - He argued that K. should be supported by his natural father - The Saskatchewan Court of Queen's Bench held that the father was obligated to pay child support for K. - He had demonstrated a settled intention to treat K. as a child of his family for the purpose of an interim order for child support - The father treated K. as his own son - He had supported the whole family financially - K. called him "dad" - K.'s natural father was not involved in his life - The father continued to exercise regular access to both children, including taking them both to Newfoundland last summer - The court reduced the father's child support obligation by $463, which represented the amount that the child's natural father had been ordered to pay in child support - See paragraphs 12 to 17 and 28.

Family Law - Topic 2224

Maintenance of wives and children - Interim relief - Interim maintenance - The parties separated after a four year relationship - The wife had a young child when the parties met and a child was born during their relationship - The husband agreed during the relationship that the wife should not be employed outside the home while the children were young - The mother sought, inter alia, interim spousal support - Her parents had supplied her with a home and a vehicle - She was unemployed and had no regular income - Her parents had been covering her living expenses - She was a stay-at-home mother for the children, now age four and five, and did not incur any child care costs - She hoped to earn about $100 per week babysitting - At best, her income could be imputed to be $5,200 per annum - One child's natural father had been ordered to pay child support of $5,556 per annum - The husband's annual income was $105,000 - The Saskatchewan Court of Queen's Bench awarded the wife interim monthly spousal support of $1,000 (reviewable in one year) - She was in financial need - The court suggested that the wife was entitled to spousal support at least until both children were in school full-time - See paragraphs 30 to 34.

Family Law - Topic 2328

Maintenance of wives and children - Maintenance of wives - Effect of wife's ability to work - [See second Family Law - Topic 2224 ].

Family Law - Topic 2346.1

Maintenance of wives and children - Maintenance of children - Concurrent obligations of natural parent and step-parent (incl. apportionment) - [See second Family Law - Topic 2224 ].

Family Law - Topic 4045.5

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. non divorce cases) - Calculation or attribution of income - The parties separated after a four year relationship - The mother sought interim child support for two children - The father was employed as a pipefitter - He received a room and board reimbursement amounting to $16,380 per year - He lived in Wilcox, Saskatchewan but worked in Regina - There was no evidence that he had a second residence closer to the work site - The Saskatchewan Court of Queen's Bench concluded that, while the allowance might cover transportation, it did not appear that it was needed to cover the cost of alternate accommodation - Therefore, the court held that it was reasonable to include one-half of the allowance ($8,190 per annum) for the purpose of calculation of child support - See paragraphs 24 to 26.

Family Law - Topic 4045.10

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. non divorce cases) - Person obliged to support children (in loco parentis) - [See first Family Law - Topic 2224 ].

Cases Noticed:

D.S. v. M.K. (2007), 297 Sask.R. 145; 2007 SKQB 102 (Fam. Div.), refd to. [para. 15].

A.S. v. A.A., [2004] Sask.R. Uned. 205; 12 R.F.L.(6th) 460; 2004 SKQB 441 (Fam. Div.), refd to. [para. 15].

Prowse-Myers v. Myers, [2004] Sask.R. Uned. 44; 2 R.F.L.(6th) 408; 2004 SKQB 139 (Fam. Div.), refd to. [para. 15].

V.J.D. v. V.J.S.W. (2008), 322 Sask.R. 238; 2008 SKQB 373, refd to. [para. 15].

McPhail v. Hunt (2009), 342 Sask.R. 225; 2009 SKQB 403, refd to. [para. 15].

Hysuick v. Rutledge, [2007] Sask.R. Uned. 62; 2007 SKQB 244 (Fam. Div.), refd to. [para. 16].

Dartige v. Dartige, [1997] Sask.R. Uned. 207 (Q.B. Fam. Div.), refd to. [para. 24].

Bryant v. Bryant (2005), 266 Sask.R. 98; 2005 SKQB 298 (Fam. Div.), refd to. [para. 25].

Jordan v. Jordan (2005), 260 Sask.R. 188; 2005 SKQB 129 (Fam. Div.), refd to. [para. 25].

Antonishyn v. Boucher (2011), 373 Sask.R. 154; 2011 SKQB 147 (Fam. Div.), refd to. [para. 31].

Counsel:

Robert J. Grimsrud, for the petitioner;

Mary Lou Senko, for the respondent.

This application was heard before Chicoine, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Estevan, who delivered the following decision on February 21, 2012.