Connolly v. Connolly

Connolly v. Connolly

The Consent Order was interpreted to grant the claimant (Mr. Connolly) the exclusive right to trigger a review; Ms. Connolly was not permitted to obtain a de novo review. Variation of spousal support must be justified by a material change in circumstances, including income changes. Using filed 2013 income information (Ms. Connolly line 150 $76,472; Mr. Connolly $35,747) the SSAG mid‑range supports increasing spousal support to $1,044/month effective July 1, 2014. Applications to cancel arrears and to cancel ongoing spousal support were denied. The daughter was declared no longer a child of the marriage for support purposes.

Citation
2014 BCSC 1860
Parties
Claimant: Patrick Samuel Connolly; Respondent/applicant: Erin Lorraine Connolly (now Coleman)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 October 2014
Procedural Posture
Family Law Spousal and Child Support; Variation of Consent Order / Cross Applications for Variation/cancellation Heard and Decided (application Stage)
Outcome
Application to cancel arrears denied; application to cancel spousal support denied; variation of spousal support granted (increase to $1,044/month based on SSAG mid‑range using incomes stated); daughter declared no longer a child of the marriage for support purposes.
Legal Topics
Variation of Spousal Support, Cancellation of Arrears, Interpretation of Consent Order, Spousal Support Advisory Guidelines, Material Change in Circumstances, Children of the Marriage Determination
Source Language
English
Family Law Spousal Support Child Support Enforcement Consent Orders Variation of Spousal Support Cancellation of Arrears Interpretation of Consent Order +3 more

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Parties

Patrick Samuel Connolly

Claimant

Erin Lorraine Connolly (now Coleman)

Respondent/applicant

Procedural Posture

Family Law Spousal and Child Support; Variation of Consent Order / Cross Applications for Variation/cancellation Heard and Decided (application Stage)

Legal Issues

  1. 1 Whether arrears of support should be cancelled
  2. 2 Whether ongoing spousal support should be cancelled
  3. 3 Whether Ms. Connolly may trigger a de novo review under the Consent Order

Ratio Decidendi

The Consent Order was interpreted to grant the claimant (Mr. Connolly) the exclusive right to trigger a review; Ms. Connolly was not permitted to obtain a de novo review. Variation of spousal support must be justified by a material change in circumstances, including income changes. Using filed 2013 income information (Ms. Connolly line 150 $76,472; Mr. Connolly $35,747) the SSAG mid‑range supports increasing spousal support to $1,044/month effective July 1, 2014. Applications to cancel arrears and to cancel ongoing spousal support were denied. The daughter was declared no longer a child of the marriage for support purposes.

Court Disposition

Application to cancel arrears denied; application to cancel spousal support denied; variation of spousal support granted (increase to $1,044/month based on SSAG mid‑range using incomes stated); daughter declared no longer a child of the marriage for support purposes.

Orders

  • Declare the parties' daughter is no longer a child of the marriage for support purposes.
  • Deny Ms. Connolly's application to cancel arrears (arrears not cancelled).