Horne v. Horne

Horne v. Horne

On the interim Amended Application the court found the Applicant entitled to interim spousal support based on the long-term traditional marriage, Applicant's limited earnings and medical limitations, and Respondent's ability to pay despite reduced income and health issues; the court exercised discretion to award $1,500 per month payable from September 2006 (date of Amended Interim Application) as retroactive interim support and allocated responsibility for the $400 monthly interest on the line of credit to the Applicant with a retroactive adjustment, reserving final entitlement from separation to trial for final proceedings.

Citation
2007 NSSC 61
Parties
Petitioner/respondent: Wayne Leo Horne; Respondent/applicant: Doris Frances Horne
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 February 2007
Procedural Posture
Divorce Act Spousal Support (interim) / Amended Interim Application (interim Relief Hearing)
Outcome
Interim application granted in part; respondent ordered to pay interim spousal support and retroactive relief to the date of the Amended Interim Application.
Legal Topics
Interim Spousal Support, Retroactive Support, Spousal Support Advisory Guidelines, Entitlement and Ability to Pay
Source Language
English
Family Law Spousal Support Divorce Interim Spousal Support Retroactive Support Spousal Support Advisory Guidelines Entitlement and Ability to Pay

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Parties

Wayne Leo Horne

Petitioner/respondent

Doris Frances Horne

Respondent/applicant

Procedural Posture

Divorce Act Spousal Support (interim) / Amended Interim Application (interim Relief Hearing)

Legal Issues

  1. 1 Whether Applicant is entitled to interim spousal support
  2. 2 Whether retroactive spousal support should be awarded and from which date
  3. 3 Quantum and duration of interim support

Ratio Decidendi

On the interim Amended Application the court found the Applicant entitled to interim spousal support based on the long-term traditional marriage, Applicant's limited earnings and medical limitations, and Respondent's ability to pay despite reduced income and health issues; the court exercised discretion to award $1,500 per month payable from September 2006 (date of Amended Interim Application) as retroactive interim support and allocated responsibility for the $400 monthly interest on the line of credit to the Applicant with a retroactive adjustment, reserving final entitlement from separation to trial for final proceedings.

Court Disposition

Interim application granted in part; respondent ordered to pay interim spousal support and retroactive relief to the date of the Amended Interim Application.

Orders

  • Respondent to pay Applicant spousal support of $1,500 per month, payable commencing September 2006 (the month the Amended Interim Application was filed).
  • Applicant to be responsible for payment of the $400 monthly interest payment on the line of credit; counsel to make necessary retroactive adjustment to reflect this.