E.M.F. v. H.J.P.

E.M.F. v. H.J.P.

Court found there was a material change in circumstances (respondent received income from pension division; applicant retired with reduced income and assumed sole responsibility for the child), applied Divorce Act principles and relevant authorities (Boston, Moge, Bracklow), balanced the objectives of spousal support and concluded maintenance should be reduced to $300/month effective September 1, 2005 and be time‑limited to end August 31, 2008 (duration equal to length of marriage).

Citation
2005 NSSC 340
Parties
Petitioner/recipient: E. M. F.; Respondent/payor: H. J. P.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 December 2005
Procedural Posture
Family Law Divorce (spousal Support Variation) / Application to Vary Corollary Relief (post Judgment Variation Hearing)
Outcome
Application granted in part: spousal support reduced and time‑limited
Legal Topics
Variation of Support, Termination and Duration, Quantum of Support, Pension Division, Disability and Entitlement, Change in Circumstances
Source Language
English
Family Law Spousal Support Divorce Law Variation of Support Termination and Duration Quantum of Support Pension Division Disability and Entitlement +1 more

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Parties

E. M. F.

Petitioner/recipient

H. J. P.

Respondent/payor

Procedural Posture

Family Law Divorce (spousal Support Variation) / Application to Vary Corollary Relief (post Judgment Variation Hearing)

Legal Issues

  1. 1 Whether there has been a change in condition, means, needs or circumstances sufficient to vary spousal support
  2. 2 Whether payor's divided pension should be included in income for spousal support
  3. 3 Appropriate quantum of support given payor's reduced income and recipient's pension-derived income

Ratio Decidendi

Court found there was a material change in circumstances (respondent received income from pension division; applicant retired with reduced income and assumed sole responsibility for the child), applied Divorce Act principles and relevant authorities (Boston, Moge, Bracklow), balanced the objectives of spousal support and concluded maintenance should be reduced to $300/month effective September 1, 2005 and be time‑limited to end August 31, 2008 (duration equal to length of marriage).

Court Disposition

Application granted in part: spousal support reduced and time‑limited

Orders

  • Spousal support reduced to $300.00 per month effective September 1, 2005
  • Spousal support payable until August 31, 2008, at which date support terminates