Monks v. Monks, (1993) 88 Man.R.(2d) 149 (CA)

• Judge: Huband, Philp and Twaddle, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: December 01, 1993
• Jurisdiction: Manitoba
• Citations: (1993), 88 Man.R.(2d) 149 (CA)

Monks v. Monks (1993), 88 Man.R.(2d) 149 (CA);

    51 W.A.C. 149

MLB headnote and full text

Gregory Gerald Monks (petitioner/appellant) v. Yvonne Linda Monks (respondent/respondent)

(Suit No. AI 93-30-01441)

Indexed As: Monks v. Monks

Manitoba Court of Appeal

Huband, Philp and Twaddle, JJ.A.

December 1, 1993.

Summary:

The parties divorced. They agreed to joint custody of two children. The husband had primary care and control of the son and the mother had primary care and control of the daughter. Each child would live an equal amount of time with each parent. At issue was the amount of spousal and child support payable by the husband to the wife.

The Manitoba Court of Queen's Bench, Family Division, in a decision reported 84 Man.R.(2d) 268, awarded the wife $8,000 lump sum spousal support and $250 per month per child for child support. The hus­band appealed.

The Manitoba Court of Appeal dismissed the appeal.

Family Law - Topic 4011

Divorce - Corollary relief - Maintenance awards - Lump sum - The parties married in 1972 in British Columbia - The hus­band continued university studies and the wife obtained employment with an airline - After receiving his doctorate, the hus­band found a teaching position in Win­nipeg and the family moved there - The wife took leave of absence from her em­ployment - She eventually received a lateral transfer and resumed employment with the airline in Winnipeg - The parties separated in 1991 - The husband earned $63,000 per year - The wife, earning $39,000 per year, sought spousal mainte­nance, submitting that the marriage dimin­ished her career advancement - The Man­itoba Court of Appeal affirmed an award of $8,000 lump sum spousal maintenance.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance awards - To children and children defined - The parties divorced and agreed to joint custody of two children - The children would spend equal time with each parent - The mother had primary care and control of their daughter and the father had pri­mary care and control of their son - The mother earned $39,000 per year - The father earned $63,000 per year - The Manitoba Court of Appeal affirmed an award to the wife of $250 child mainte­nance per month per child.

Family Law - Topic 4022

Divorce - Corollary relief - Maintenance awards - To wife - Considerations - [See Family Law - Topic 4011 ].

Counsel:

J.A. King and H.E. Taylor, for the appel­lant;

K.E. Hannah, for the respondent.

This appeal was heard before Huband, Philp and Twaddle, JJ.A., of the Manitoba Court of Appeal. On December 1, 1993, Huband, J.A., delivered the following oral judgment for the court.