A.S.H. v. S.L.H., (1999) 253 A.R. 392 (QB)

• Judge: Lee, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 14, 1999
• Citations: (1999), 253 A.R. 392 (QB)

A.S.H. v. S.L.H. (1999), 253 A.R. 392 (QB)

MLB headnote and full text

Temp. Cite: [2000] A.R. TBEd. JA.011

A.S.H. (plaintiff) v. S.L.H. (respondent)

(Action No. 4801-54957)

Indexed As: A.S.H. v. S.L.H.

Alberta Court of Queen's Bench

Judicial District of Calgary

Lee, J.

December 14, 1999.

Summary:

A mother applied for a variation of child support for her 18 year old daughter, who was enroled as a full time student at the Victoria University. At issue was: the child's living expenses incurred while attending University; the child's contribution of her net summer earnings towards her ongoing expenses; the amount of the father's child support payment; and entitlement to the educational tax credits.

The Alberta Court of Queen's Bench ordered accordingly.

Family Law - Topic 4004.01

Divorce - Corollary relief - Maintenance awards - Effect of family allowances, child tax credit, etc. - [See Family Law - Topic 4045.11 ].

Family Law - Topic 4045.11

Divorce - Corollary relief - Maintenance - Support guidelines - Children over the age of majority - A mother applied to vary child support for her 18 year old daughter, who was enroled full time at a university -The father and mother earned annually $70,000 and $19,000 respectively - The father asserted, inter alia, that: the Federal Child Support Guideline amount did not apply (the father's-mother's contribu­tion was 80-20); the scholarship trust fund contribu­tion be deducted from the daugh­ter's expenses; the daughter contribute a mini­mum of $1,500 from her summer employ­ment plus all earnings over $3,000; and all money from part-time jobs, schol­arship funds or student loans be applied to reduce her costs - The Alberta Court of Queen's Bench ordered, inter alia, child support (80-20), the daughter contribute 1/2 of her summer earnings and a mini­mum of $1,500, the daughter's unused educational tax credit be transferred to the parents (80-20) and scholarship trust fund contributions be deducted from the child's expenses.

Family Law - Topic 4045.14

Divorce - Corollary relief - Maintenance - Support guidelines - Where child has income - [See Family Law - Topic 4045.11 ].

Cases Noticed:

Mitchie v. Mitchie, [1997] S.J. No. 668 (Q.B.), refd to. [para. 19].

Counsel:

Donald H. Hadley (Hadley & Davis), for the applicant, S.L.H.;

Heather L. McKay (Shennette Leuschner McKay), for the respondent, A.S.H.

This application was heard by Lee, J., of

the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the fol­lowing decision on December 14, 1999.