Kelloway v. Kelloway

Kelloway v. Kelloway

Court found recipient had both compensatory and non-compensatory entitlement but, given her full‑time employment, the payor's ability to pay and the parties' circumstances, reduced spousal support to $600 per month beginning September 1, 2008 for a fixed term of six years; the court refused to read the interim consent termination clause into the Corollary Relief Judgment and held the review provision obviated the need to establish a material change in circumstances.

Citation
2008 NSSC 261
Parties
Petitioner: Michelle Kelloway; Respondent: Derrick Kelloway
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 September 2008
Procedural Posture
Divorce Act Spousal Support Variation / Application to Vary Corollary Relief Judgment
Outcome
Application to vary granted in part: monthly spousal support reduced and fixed termination date set
Legal Topics
Variation, Entitlement, Quantum and Duration, Spousal Support Guidelines, Compensatory Support, Non Compensatory Support, Costs
Source Language
English
Family Law Spousal Support Divorce Act Variation Entitlement Quantum and Duration Spousal Support Guidelines Compensatory Support +2 more

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Parties

Michelle Kelloway

Petitioner

Derrick Kelloway

Respondent

Procedural Posture

Divorce Act Spousal Support Variation / Application to Vary Corollary Relief Judgment

Legal Issues

  1. 1 Whether spousal support should be varied
  2. 2 Basis of entitlement: compensatory versus non-compensatory
  3. 3 Appropriate quantum and fixed duration of spousal support

Ratio Decidendi

Court found recipient had both compensatory and non-compensatory entitlement but, given her full‑time employment, the payor's ability to pay and the parties' circumstances, reduced spousal support to $600 per month beginning September 1, 2008 for a fixed term of six years; the court refused to read the interim consent termination clause into the Corollary Relief Judgment and held the review provision obviated the need to establish a material change in circumstances.

Court Disposition

Application to vary granted in part: monthly spousal support reduced and fixed termination date set

Orders

  • Respondent Derrick Kelloway to pay Petitioner Michelle Kelloway $600.00 per month starting September 1, 2008
  • Spousal support to continue monthly for a period of six years, at which time spousal support shall cease