Rider v. Director of Maintenance, (1983) 43 A.R. 71 (ProvCt)

Judge:Leveque, P.C.J.
Court:Provincial Court (Alberta)
Case Date:March 23, 1983
Jurisdiction:Alberta
Citations:(1983), 43 A.R. 71 (ProvCt)
 
FREE EXCERPT

Rider v. Director of Maintenance (1983), 43 A.R. 71 (ProvCt)

MLB headnote and full text

Rider v. Director of Recovery and Maintenance

Indexed As: Rider v. Director of Recovery and Maintenance

Alberta Provincial Court

Leveque, P.C.J.

March 23, 1983.

Summary:

A mother applied under s. 19(2) of the Child Welfare Act to vary maintenance arrears of $1,400 payable by her to the Director of Recovery and Maintenance for her son, who was a temporary ward of the Director of Child Welfare. The Alberta Provincial Court dismissed the application, because her financial circumstances had not materially changed.

Family Law - Topic 2384

Maintenance of wives and children - Variation of - Grounds - A mother applied under s. 19(2) of the Child Welfare Act to vary maintenance arrears of $1,400 payable by her to the Director of Recovery and Maintenance for her son, who was a temporary ward of the Director of Child Welfare. - The Alberta Provincial Court dismissed the application, because the mothers financial circumstances had not materially changed - See paragraphs 18 to 19.

Family Law - Topic 2383

Maintenance of wives and children - Variation of - Jurisdiction - A mother applied under s. 19(2) of the Child Welfare Act to vary maintenance arrears of $1,400 payable by her to the Director of Recovery and Maintenance for her son, who was a temporary ward of the Director of Child Welfare - Section 19(2) authorized the court to "vary the amount to be paid" - The Alberta Provincial Court held that maintenance payments in arrears were "amounts to be paid" - See paragraphs 5 to 17.

Cases Noticed:

Kergan v. Kergan (1964), 50 W.W.R.(N.S.) 172, refd to. [para. 8].

McIndoe v. McIndoe (1956), 57 W.W.R.(N.S.) 577; 58 D.L.R.(2d) 562, refd to. [para. 9].

Fedorovich v. Fedorovich (1974), 15 R.F.L. 386, refd to. [para. 10].

Englar v. Englar (1978), 2 R.F.L.(2d) 237; 19 O.R.(2d) 561; 85 D.L.R.(3d) 609, refd to. [para. 11].

Bickerton v. Bickerton (1975), 9 O.R.(2d) 333; 22 R.F.L. 189; 60 D.L.R.(3d), 389, refd to. [para. 12].

Rolick v. Rolick, [1983] 2 W.W.R. 80; 22 Sask.R. 144, refd to. [para. 13].

Statutes Noticed:

Child Welfare Act, R.S.A. 1980, c. C-8, sect. 19 [para. 5].

Maintenance and Recovery Act, R.S.A. 1980, c. M-2, sect. 64 [para. 6].

Domestic Relations Act, R.S.A. 1955, c. 89, sect. 26 [para. 8].

Divorce and Matrimonial Causes Act (1866), 29 and 30 Vict., c. 32, sect. 1 [para. 9].

Divorce Act, R.S.C. 1970, c. D-8, sect. 10 [para. 10]; sect. 11(2) [para. 11].

Counsel:

C. Docken, for the Parent;

J. Bruni, for the Director.

This case was heard at Edmonton, Alberta, before LEVEQUE, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on March 23, 1983.

To continue reading

FREE SIGN UP