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

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

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.