Strowbridge v. Strowbridge, (1990) 86 Nfld. & P.E.I.R. 218 (NFPC)

• Judge: Goulding, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: November 15, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 86 Nfld. & P.E.I.R. 218 (NFPC)

Strowbridge (1990), 86 Nfld. & P.E.I.R. 218 (NFPC);

    268 A.P.R. 218

MLB headnote and full text

Mary Strowbridge (applicant) v. Carl Strowbridge (respondent)

Indexed As: Strowbridge v. Strowbridge

Newfoundland Provincial Court

Judicial District of Grand Falls

Goulding, P.C.J.

November 15, 1990.

Summary:

The parties separated after four years of marriage. The wife applied under the Family Law Act for maintenance for herself as well as for two children from a previous marriage. The husband submitted that he was not liable for maintenance for the two children.

The Newfoundland Provincial Court held that the husband was not liable for maintenance for the children. However, the court ordered the husband to pay maintenance to the wife of $300 per month.

Family Law - Topic 2203

Maintenance of children - Persons obligated to support children - In loco parentis - The parties were married for four years - The wife had two children by an earlier marriage - The parties separated and the wife applied for maintenance for the children under the Family Law Act - The husband submitted that he never assumed financial responsibility for the children; they did not regard him as their father; they continued a strong relationship with their natural father; he did not discipline them; and their relationship was terminated when he separated from their mother - The Newfoundland Provincial Court held that the husband was not liable for the children's maintenance - See paragraphs 13 to 32.

Family Law - Topic 2204

Maintenance of children - Parents defined - [See Family Law - Topic 2203 ].

Family Law - Topic 2329

Maintenance of wives and children - Maintenance of wives - Considerations - Allocation of living expenses between wife and children - The parties separated after four years of marriage - The wife applied under the Family Law Act for maintenance for herself as well as two children from her previous marriage - The Newfoundland Provincial Court held the husband was not liable for the maintenance of the two children from the earlier marriage - The court then attempted to determine what portion of the family's total expenses were attributable to the wife alone - The court held that the wife's share of expenses was 45 percent of the total - See paragraph 33.

Family Law - Topic 2484

Maintenance of wives - Awards - Periodic payments - The parties were married for four years - Previously, they had cohabited for two years - Both parties had children by earlier marriages - The parties separated and the wife applied for maintenance under the Family Law Act - The husband was a seasonally employed fisherman with an income of $40,000 per year - Currently he was unemployed and receiving unemployment insurance of $1,284 per month - The wife was unemployed, had a grade nine education and expenses of $1,325 per month - The Newfoundland Provincial Court ordered the husband to pay maintenance of $300 per month while unemployed - The court observed that $800 to $1,000 per month would be appropriate when the husband returned to work - See paragraph 38.

Cases Noticed:

Hines v. Davy (1985), 45 R.F.L.(2d) 132, dist. [para. 15].

Bair v. Bair (1982), 27 R.F.L.(2d) 309, consd. [para. 16].

Wuzinski v. Wuzinski (1987), 51 Man.R.(2d) 1; 10 R.F.L.(3d) 420, consd. [para. 18].

Van Der Meulen v. Van Der Meulen (1978), 7 R.F.L.(2d) 297 (Ont. S.C.), consd. [para. 21].

Sloat v. Sloat (1990), 102 N.B.R.(2d) 390; 256 A.P.R. 390, consd. [para. 24].

Grohmann v. Grohmann (1990), 67 D.L.R.(4th) 597; 19 A.C.W.S.(3d) 1208, consd. [para. 26].

Re O'Neil and Rideout (1975), 54 D.L.R.(3d) 481, consd. [para. 28].

Statutes Noticed:

Family Law Act, S.N. 1988, c. 60, sect. 2 [para. 13]; sect. 36, sect. 39(7) [para. 11].

Counsel:

Heather Jewer-Mills, for the applicant;

Sandra Blackwood, for the respondent.

This matter was heard by Goulding, P.C.J., of the Newfoundland Provincial Court, in Grand Falls, who delivered the following judgment orally on November 15, 1990.