Powers v. Powers, (1995) 166 N.B.R.(2d) 373 (FD)

• Judge: Richard, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: August 10, 1995
• Jurisdiction: New Brunswick
• Citations: (1995), 166 N.B.R.(2d) 373 (FD)

Powers v. Powers (1995), 166 N.B.R.(2d) 373 (FD);

    166 R.N.-B.(2e) 373; 425 A.P.R. 373

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Dale Richard Powers (applicant) v. Carmella Claudette Powers (respondent)

(FDM 390-85)

Indexed As: Powers v. Powers

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Moncton

Richard, J.

August 10, 1995.

Summary:

A father consented to an order to pay monthly child support of $150 plus other benefits until a specified date or until the daughter completed her first post-secondary degree, which ever date occurred earlier. The father applied for a retroactive variation of the order.

The New Brunswick Court of Queen's Bench, Family Division, dismissed the ap­plication.

Family Law - Topic 2351.1

Maintenance of wives and children - Maintenance of children - Termination of obligation - Upon completion of education - A father consented to an order to pay monthly child support of $150 plus other benefits until a specified date or until the daughter completed her first post-second­ary degree, whichever date occurred earlier - The order was made contingent upon the daughter successfully completing her stud­ies and being enrolled in the Univer­sity of Moncton - The father unilaterally discon­tinued support, because the daughter had done poorly at university with only a D + and a D average and there was little con­tact between them - He sought a retro­active variation of the order - Her grades were due to mononucleosis - The New Brunswick Court of Queen's Bench, Fami­ly Division, refused to vary the order.

Family Law - Topic 2360.1

Maintenance of wives and children - Maintenance of children - Variation of award or agreement - [See Family Law - Topic 2351.1 ].

Cases Noticed:

Farden v. Farden (1993), 48 R.F.L.(3d) 60 (B.C.S.C.), not appld. [para. 8].

Brown v. Brown (1993), 45 R.F.L.(3d) 444 (B.C.S.C.), not appld. [para. 8].

Bates v. Bates (1995), 165 A.R. 71; 89 W.A.C. 71; 10 R.F.L.(4th) 261 (C.A.), not appld. [para. 10].

Barry v. Wilson (1990), 110 N.B.R.(2d) 323; 276 A.P.R. 323; 29 R.F.L.(3d) 42 (Fam. Div.), dist. [para. 10].

Counsel:

Brenda McMullen Brown, for the appli­cant;

Linda A. Banks, for the respondent.

This application was heard on August 10, 1995, before Richard, J., of the New Bruns­wick Court of Queen's Bench, Family Divi­sion, Judicial District of Moncton, who delivered the decision on August 10, 1995, with written reasons on August 17, 1995.