Shukin v. Shukin, 2006 SKQB 93

• Judge: Maher, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 28, 2006
• Jurisdiction: Saskatchewan
• Citations: 2006 SKQB 93;(2006), 276 Sask.R. 197 (FD)

Shukin v. Shukin (2006), 276 Sask.R. 197 (FD)

MLB headnote and full text

Temp. Cite: [2006] Sask.R. TBEd. MR.037

Brian Alexander Shukin (petitioner) v. Katherine Louise Shukin (respondent)

(2002 DIV No. 379; 2006 SKQB 93)

Indexed As: Shukin v. Shukin

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Saskatoon

Maher, J.

February 28, 2006.

Summary:

Divorced parents requested a determination of university expenses and of the sharing of university costs for an adult child of the marriage.

The Saskatchewan Court of Queen's Bench, Family Law Division, determined the child's university expenses and ordered the parents to contribute proportionately to the shortfall between her university expenses and student loan.

Family Law - Topic 3998

Divorce - Corollary relief - General - Children's post-secondary education - The Saskatchewan Court of Queen's Bench, Family Law Division, held that the issue of an obligation of an adult child to contribute financially to his or her education by earning income, or from student loans, was one that was best determined on a case by case basis as it required an analysis of the means of the parents and of the child and the reasonableness of the expense - Here, the child had $13,336 (consisting of her annual income of $5,651 and a student loan of $7,685) available to pay her university costs of $8,810 - There was no shortfall - However, the child was entitled to have funds available for her personal needs - The parents were ordered to contribute proportionately to the $1,125 shortfall between her university costs and her student loan, allowing the child to retain her earned income for her personal needs.

Cases Noticed:

Schellenberg v. Peterson (1996), 149 Sask.R. 292 (Q.B.), refd to. [para. 5].

MacDonald v. Rasmussen (2000), 198 Sask.R. 1; 2000 SKQB 491 (Fam. Div.), refd to. [para. 5].

Beutler v. Maki (2005), 273 Sask.R. 198; 2005 SKQB 393 (Fam. Div.), refd to. [para. 6].

S.A.F. v. R.L.G., [2005] Sask.R. Uned. 199; 2005 SKQB 519 (Fam. Div.), refd to. [para. 7].

Counsel:

A. Brent, for the petitioner;

Katherine Louise Shukin, for herself.

This matter was heard by Maher, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Saskatoon, who delivered the following fiat on February 28, 2006.