Rumpel v. Wills, (2010) 363 Sask.R. 286 (FD)

• Judge: McIntyre, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 21, 2010
• Jurisdiction: Saskatchewan
• Citations: (2010), 363 Sask.R. 286 (FD);2010 SKQB 397

Rumpel v. Wills (2010), 363 Sask.R. 286 (FD)

MLB headnote and full text

Temp. Cite: [2010] Sask.R. TBEd. OC.071

Joanne Yvonne Rumpel (petitioner) v. Kenneth Balfour Wills (respondent)

(2009 F.L.D. No. 318; 2010 SKQB 397)

Indexed As: Rumpel v. Wills

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

McIntyre, J.

October 21, 2010.

Summary:

At issue was child support and the payment of extraordinary expenses under s. 7 of the Federal Child Support Guidelines for the parties' 19 year old son who was in full-time attendance of post-secondary studies.

The Saskatchewan Court of Queen's Bench, Family Law Division, determined the issues.

Family Law - Topic 3998

Divorce - Corollary relief - General - Children's post-secondary education - The parties' 19 year old son commenced full-time post-secondary studies in September 2009 - They agreed that he was a child within the meaning of the Family Maintenance Act - The mother sought, inter alia, child support in the Federal Child Support Guidelines amount - The father agreed that the Guidelines amount was appropriate, but asserted that it should only be payable during the months when the son was at school, normally September to April - The Saskatchewan Court of Queen's Bench, Family Law Division, held that the father was to pay the Guidelines amount of child support for the full 12 months of each year - The son's circumstances were not significantly different from when he was in high school - He lived with his mother who incurred expenses to provide for him year round - He had an income from part-time or summer employment, which he used to cover personal expenses and to contribute to his post-secondary expenses - See paragraphs 13 and 14.

Family Law - Topic 4045.4

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Special or extraordinary expenses (incl. calculation of amount) - The parties' 19 year old son commenced full-time post-secondary studies in September 2009 - They agreed that he was a child within the meaning of the Family Maintenance Act - The mother sought, inter alia, contribution from the father toward the son's extraordinary expenses under s. 7 of the Federal Child Support Guidelines, including tuition and books for the 2009/2010 and 2010/2011 school years and computer, printing and parking expenses - The father asserted that the son should pay 33% of his tuition and books and that a computer was not an appropriate s. 7 expense - The Saskatchewan Court of Queen's Bench, Family Law Division, held that the son's contribution toward tuition and books was to be 25% - Due to the son's condition of motor dysgraphia, the son required the assistance of a computer which, in those circumstances, was an appropriate s. 7 expense - Parking expenses and other post-secondary education costs were the son's responsibility - See paragraphs 15 to 17.

Family Law - Topic 4045.4

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Special or extraordinary expenses (incl. calculation of amount) - The parties' 19 year old son commenced full-time post-secondary studies in September 2009 - They agreed that he was a child within the meaning of the Family Maintenance Act - The mother sought, inter alia, contribution from the father toward the son's extraordinary expenses under s. 7 of the Federal Child Support Guidelines, including tuition and books for the 2009/2010 and 2010/2011 school years and computer, printing and parking expenses - The father asserted that the mother had accumulated RESPs that should be calculated as savings for the son's post-secondary expenses - The Saskatchewan Court of Queen's Bench, Family Law Division, agreed with the mother that the RESPs were savings that she had accumulated to apply only to her portion of the son's post-secondary expenses - It was significant here that the parties had never cohabited after the son's birth - Any RESPs that were accumulated were solely the result of the mother's contributions, which were not made during any period of cohabitation - See paragraph 21.

Family Law - Topic 4045.11

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Children over the age of majority - [See Family Law - Topic 3998 ].

Cases Noticed:

Rebenchuk v. Rebenchuk (2007), 212 Man.R.(2d) 261; 389 W.A.C. 261; 279 D.L.R.(4th) 448; 2007 MBCA 22, agreed with [para. 13].

Radford v. Radford (2010), 361 Sask.R. 9; 2010 SKQB 157 (Fam. Div.), refd to. [para. 14].

Black v. Black (2003), 246 Sask.R. 174; 2003 SKQB 521 (Fam. Div.), refd to. [para. 17].

Shukin v. Shukin (2006), 276 Sask.R. 197; 2006 SKQB 93 (Fam. Div.), refd to. [para. 17].

Malinowski v. Malinowski (2010), 349 Sask.R. 210; 2010 SKQB 27 (Fam. Div.), refd to. [para. 18].

Brooke v. Hertz (2008), 327 Sask.R. 162; 2008 SKQB 461 (Fam. Div.), refd to. [para. 20].

Counsel:

D. Flett, for the petitioner;

M.L. Senko, for the respondent.

This petition was heard by McIntyre, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the following judgment on October 21, 2010.