Mehlsen v. Mehlsen, 2009 SKQB 279

• Judge: Wilson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: July 06, 2009
• Jurisdiction: Saskatchewan
• Citations: 2009 SKQB 279;(2009), 336 Sask.R. 302 (FD)

Mehlsen v. Mehlsen (2009), 336 Sask.R. 302 (FD)

MLB headnote and full text

Temp. Cite: [2009] Sask.R. TBEd. JL.067

Paul Mehlsen (petitioner) v. Susan Mehlsen (respondent)

(2008 Div. No. 118; 2009 SKQB 279)

Indexed As: Mehlsen v. Mehlsen

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Wilson, J.

July 6, 2009.

Summary:

Spouses separated after 28 years' marriage. The wife applied for interim spousal support.

The Saskatchewan Court of Queen's Bench, Family Law Division, ordered that the husband pay monthly spousal support of $7,000 commencing February 1, 2009.

Family Law - Topic 4084

Divorce - Corollary relief - Interim maintenance - Awards - Spouses separated after 28 years' marriage - They had three children of the marriage, two who were enrolled in post-secondary education and one who worked full-time - The wife applied for interim spousal support - The wife was a teacher - When the children were young, she left the work force to care for them and later worked part time - She had returned to full-time teaching since 2001 or 2002 and earned $70,500 which was at the top end of the scale for her teaching position - The husband worked full-time in commercial real estate - The primary source of income was commissions - His income in 2008 was $454,942 - However, the husband and his employer predicted a decrease in the husband's income in light of current trends in real estate and the economic recession - The husband also asserted that the court should deduct the amounts he had paid for the children's post-secondary education - The Saskatchewan Court of Queen's Bench, Family Law Division, ordered that the husband pay monthly spousal support of $7,000 commencing February 1, 2009 - The husband conceded that the wife was entitled to some interim spousal support given the disparity in incomes - The court also noted that there was a compensatory aspect to support in this case given that the wife had left the work force for a significant period of time to perform the role of homemaker and primary care giver for the parties' children - The court determined that the husband's income for 2008 ($454,942) would be used for the purposes of determining appropriate spousal support - There was no evidence that the husband would suffer a drastic decrease in income - It was also inappropriate to consider the husband's contributions to his children's post-secondary education - There was no order requiring him to do so and there was no evidence before the court of the amounts involved.

Cases Noticed:

Marcotte v. Marcotte (2008), 315 Sask.R. 280; 2008 SKQB 223 (Fam. Div.), dist. [para. 22].

Moge v. Moge, [1992] 3 S.C.R. 813; 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161, refd to. [para. 24].

Bracklow v. Bracklow, [1999] 1 S.C.R. 420; 236 N.R. 79; 120 B.C.A.C. 211; 196 W.A.C. 211, refd to. [para. 24].

Fisher v. Fisher (2008), 232 O.A.C. 213; 47 R.F.L.(6th) 235; 2008 ONCA 11, refd to. [para. 25].

Frass v. Frass, [2006] Sask.R. Uned. 62; 2006 SKQB 189 (Fam. Div.), refd to. [para. 26].

Leepart v. Leepart (2009), 321 Sask.R. 257; 2009 SKQB 47 (Fam. Div.), refd to. [para. 30].

Loesch v. Walji, [2007] B.C.T.C. Uned. A14; 48 R.F.L.(6th) 128; 2007 BCSC 1807, affd. (2008), 255 B.C.A.C. 264; 430 W.A.C. 264; 52 R.F.L.(6th) 33; 2008 BCCA 214, dist. [para. 32].

Authors and Works Noticed:

Rogerson, Carol, and Thompson, Rollie, Spousal Support Advisory Guidelines: A Draft Proposal (2005), generally [para. 30].

Counsel:

R.M. Sandbeck, for the petitioner;

J.J. Vogel and J. Moser, for the respondent.

This application was heard by Wilson, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, who delivered the following fiat on July 6, 2009.