MacDonald v. Frampton, (1987) 78 N.S.R.(2d) 258 (FC)

• Case Date: May 04, 1987
• Jurisdiction: Nova Scotia
• Citations: (1987), 78 N.S.R.(2d) 258 (FC)

MacDonald v. Frampton (1987), 78 N.S.R.(2d) 258 (FC);

    193 A.P.R. 258

MLB headnote and full text

Bertha Jean MacDonald (formerly Frampton) v. William A. Frampton

(DM83-713)

Indexed As: MacDonald v. Frampton

Nova Scotia Family Court

Williams, J.F.C.

May 19, 1987.

Summary:

A husband and wife divorced in 1983 after 23 years' marriage. The husband was ordered to pay $1,000.00 per month maintenance. The wife subsequently applied for an increase. The Nova Scotia Family Court recommended that maintenance be increased to $1,400.00 per month for six months, at which time all maintenance would end. Both spouses objected to the recommendation.

The Nova Scotia Supreme Court, Trial Division, in a judgment reported 72 N.S.R.(2d) 341; 173 A.P.R. 341, awarded the wife $1,100.00 per month maintenance. The husband applied to rescind his obligation to pay maintenance.

The Nova Scotia Family Court recommended a reduction in the amount of maintenance payable to $1,000.00 per month.

Family Law - Topic 4002

Divorce - Corollary relief - Maintenance awards - Entitlement - Conditions precedent - A husband and wife divorced in 1983 after 23 years' marriage - The wife suffered from a bowel disfunction rendering her "disabled" and unemployable - The husband's income had decreased by 10%; the wife was not diligent in obtaining medical treatment and made no effort to obtain work such as typing, which she could do in her own home - The Nova Scotia Family Court recommended a reduction in maintenance from $1,100.00 per month to $1,000.00 per month - The court recommended that the wife obtain medical treatment as a condition to entitlement and that if she failed to apply for a government disability pension, maintenance should be reduced to $100.00 per month.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments - [See Family Law - Topic 4002 above].

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance awards - To wife - Extent of obligation - Section 17(7) of the Divorce Act, S.C. 1986, c. 4, provided that "a variation order varying a support order that provides for the support of a former spouse should insofar as practicable, promote the economic self-sufficiency of each former spouse within a reasonable period of time" - The Nova Scotia Family Court discussed a spouse's obligation to become self-sufficient.

Cases Noticed:

Gray v. Gray (1986), 45 Man.R.(2d) 156; 3 R.F.L.(3d) 457 (Q.B.), agreed with. [para. 10].

Caulfield v. Caulfield (1986), 4 R.F.L.(3d) 312 (Ont. S.C.), refd to. [para. 25].

Statutes Noticed:

Divorce Act, S.C. 1986, c. 4, sect. 17(1), sect. 17(3), sect. 17(4), sect. 17(7) [para. 8].

Counsel:

Deborah Gillis, for the respondent.

Gretchen Pohlkamp, for the applicant.

This application was heard on April 22 and May 4, 1987, at Dartmouth, N.S., before Williams, J.F.C., of the Nova Scotia Family Court, who delivered the following judgment on May 19, 1987.