Auclair v. Auclair

Auclair v. Auclair

There was a global change in circumstances justifying substantial reduction of spousal support: children no longer dependent, applicant's retirement and reduced income, respondent received one-half of pension and failed to demonstrate retraining or proven disability; accordingly spousal support is reduced to $300 per month effective July 1, 2005, with no retroactive spousal support ordered prior to July 1, 2005, and with review and reporting obligations imposed on the respondent.

Citation
2005 NSSC 261
Parties
Applicant/respondent: Joseph Alexander Luc Auclair; Respondent/petitioner: Linda Maureen Mary Auclair
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 September 2005
Procedural Posture
Divorce Variation Application / Application to Vary Corollary Relief Judgment (first Application)
Outcome
Spousal support substantially reduced and ongoing review ordered; retroactive spousal support prior to July 1, 2005 denied; child support deemed to have ceased when children became independent.
Legal Topics
Variation of Support, Termination of Support, Retirement Effect on Support, Self Sufficiency Obligations, Disability Evidence, Review and Recalculation
Source Language
English
Family Law Divorce Spousal Support Child Support Pension Division Variation of Support Termination of Support Retirement Effect on Support +3 more

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Parties

Joseph Alexander Luc Auclair

Applicant/respondent

Linda Maureen Mary Auclair

Respondent/petitioner

Procedural Posture

Divorce Variation Application / Application to Vary Corollary Relief Judgment (first Application)

Legal Issues

  1. 1 Whether there is a change in condition, means, needs or other circumstances under the Divorce Act (s.17(4.1)) sufficient to vary or terminate support
  2. 2 Whether child support had properly terminated when children became independent
  3. 3 Whether spousal support should be reduced or terminated given the applicant's retirement and the respondent's receipt of pension division

Ratio Decidendi

There was a global change in circumstances justifying substantial reduction of spousal support: children no longer dependent, applicant's retirement and reduced income, respondent received one-half of pension and failed to demonstrate retraining or proven disability; accordingly spousal support is reduced to $300 per month effective July 1, 2005, with no retroactive spousal support ordered prior to July 1, 2005, and with review and reporting obligations imposed on the respondent.

Court Disposition

Spousal support substantially reduced and ongoing review ordered; retroactive spousal support prior to July 1, 2005 denied; child support deemed to have ceased when children became independent.

Orders

  • Applicant to pay spousal support of $300 per month effective July 1, 2005
  • No retroactive spousal support ordered before July 1, 2005