Volcko v. Volcko

Volcko v. Volcko

There was a material change in circumstances in the form of a decline in the Respondent's income (notably 2017-2018), but that reduction does not justify an increase or decrease or termination of spousal support; the SSAG are not applied to this variation; no retroactive support is awarded; the Applicant's claim to insure the Respondent or secure payments against his estate is barred by issue estoppel/res judicata; parties to bear their own costs.

Citation
2019 NSSC 203
Parties
Applicant (respondent): Susan Scheuermann Volcko; Respondent (petitioner): John B. Volcko
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 July 2019
Procedural Posture
Divorce Spousal Support Variation / Variation Hearing and Decision
Outcome
Application dismissed in part and denied in part: no change to current spousal support quantum; increase, retroactive relief, insurance and estate security claims dismissed; termination/reduction claims dismissed; each party to bear own costs.
Legal Topics
Spousal Support, Variation of Support, Res Judicata/issue Estoppel, Spousal Support Advisory Guidelines, Self Sufficiency, Retroactive Support, Security for Support (insurance/estate)
Source Language
English
Family Law Divorce Civil Procedure Spousal Support Variation of Support Res Judicata/issue Estoppel Spousal Support Advisory Guidelines Self Sufficiency +2 more

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Parties

Susan Scheuermann Volcko

Applicant (respondent)

John B. Volcko

Respondent (petitioner)

Procedural Posture

Divorce Spousal Support Variation / Variation Hearing and Decision

Legal Issues

  1. 1 Whether there has been a material change in circumstances since the 2013 Corollary Relief Order
  2. 2 Whether spousal support quantum should increase, decrease or be terminated
  3. 3 Whether the Spousal Support Advisory Guidelines apply to this variation

Ratio Decidendi

There was a material change in circumstances in the form of a decline in the Respondent's income (notably 2017-2018), but that reduction does not justify an increase or decrease or termination of spousal support; the SSAG are not applied to this variation; no retroactive support is awarded; the Applicant's claim to insure the Respondent or secure payments against his estate is barred by issue estoppel/res judicata; parties to bear their own costs.

Court Disposition

Application dismissed in part and denied in part: no change to current spousal support quantum; increase, retroactive relief, insurance and estate security claims dismissed; termination/reduction claims dismissed; each party to bear own costs.

Orders

  • Claim for increase in spousal support dismissed
  • Claim for termination or decrease of spousal support dismissed