Segal v. Brown, (1988) 54 Man.R.(2d) 137 (QBFD)

• Judge: Mullally, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: April 20, 1988
• Jurisdiction: Manitoba
• Citations: (1988), 54 Man.R.(2d) 137 (QBFD)

Segal v. Brown (1988), 54 Man.R.(2d) 137 (QBFD)

MLB headnote and full text

Deborah Gay Segal (petitioner) v. Thomas Ernest Brown (respondent)

(Suit No. 26324 D.P.)

Indexed As: Segal v. Brown

Manitoba Court of Queen's Bench

Family Division

Mullally, J.

April 20, 1988.

Summary:

Mr. and Mrs. Brown were divorced in 1983. Mrs. Brown was awarded custody of the two children of the marriage and Mr. Brown was required to pay $200.00 per month child maintenance. Mrs. Brown remarried Mr. Segal. Mrs. Segal (Brown) applied to vary the maintenance provisions of the decree nisi.

The Manitoba Court of Queen's Bench, Family Division, allowed the application and increased the amount of monthly child support to $500.00. See also the next two cases in this volume.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance awards - To children - The divorced father of a 14 year old boy and 11 year old girl was ordered to pay $200.00 monthly child support - The mother remarried; she and her new husband supported themselves, the two children and the husband's child on a combined salary of from $67,000.00 - $58,000.00; their expenses were exceptionally high - The children's father had not remarried - His income had increased from $19,000.00 at the time of divorce to $28,000.00 - The boy was now in a private boarding school at the expense of the mother - The Manitoba Court of Queen's Bench, Family Division, increased maintenance for the children to $500.00 per month.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments - [See Family Law - Topic 4014 above].

Statutes Noticed:

Divorce Act, S.C. 1986, c. 4, sect. 17(4) [para. 4].

Counsel:

L.R. Fishman, for the petitioner;

John Brown, for the respondent.

This application was heard before Mullally, J., of the Manitoba Court of Queen's Bench, Family Division, whose decision was delivered on April 20, 1988.