Shillington v. Shillington, (2008) 312 Sask.R. 253 (FD)

• Judge: Sandomirsky, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 11, 2008
• Jurisdiction: Saskatchewan
• Citations: (2008), 312 Sask.R. 253 (FD);2008 SKQB 70

Shillington v. Shillington (2008), 312 Sask.R. 253 (FD)

MLB headnote and full text

Temp. Cite: [2008] Sask.R. TBEd. FE.058

Lisa Marie Shillington (petitioner) v. Steven Keith Shillington (respondent)

(2006 D.I.V. No. 001838; 2008 SKQB 70)

Indexed As: Shillington v. Shillington

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Estevan

Sandomirsky, J.

February 11, 2008.

Summary:

The petitioner commenced proceedings seeking the following relief: (a) a divorce; (b) custody of the two youngest of three children; (c) spousal support; (d) child support; (e) a division of the family property estate with exclusive possession of the family home; and (f) costs.

The Saskatchewan Court of Queen's Bench, Family Law Division, in a decision reported at 295 Sask.R. 1, granted a divorce and determined the remaining issues accordingly. The petitioner applied to vary the child support payments ordered for their adult daughter who was a student attending post-secondary education, so that they would be paid directly to the petitioner instead of directly to their daughter. The petitioner also applied for an order for the sale of some of the respondent's farmland in order to pay the balance of the outstanding judgment for an equalization payment.

The Saskatchewan Court of Queen's Bench, Family Law Division, allowed the child support variation. The court gave the respondent until February 29, 2008, to pay the remainder of the equalization payment. Should the respondent fail, the petitioner was given leave to apply back to the court on three days' notice to the respondent, for an order directing enforcement of the judgment.

Family Law - Topic 2358.1

Maintenance of wives and children - Maintenance of children - Payments - To whom - [See Family Law - Topic 4045.8 ].

Family Law - Topic 4045.8

Divorce - Corollary relief - Maintenance - Support guidelines (incl. nondivorce cases) - Changed circumstances - The petitioner applied to vary the child support payments ordered for the parties' adult daughter who was a student attending post-secondary education, so that they would be paid directly to the petitioner instead of directly to their daughter - The Saskatchewan Court of Queen's Bench, Family Law Division, allowed the variation - The respondent took it upon himself to unilaterally and arbitrarily pay some expenses and to ignore the terms of the judgment - He failed to keep his word to the court and such failure was a material change warranting a variation of the judgment - See paragraphs 1 to 5.

Counsel:

Paul Elash, for the petitioner;

James F. Trobert, for the respondent.

This application was heard by Sandomirsky, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Estevan, who delivered the following decision on February 11, 2008.