Power v. Zutter

Power v. Zutter

The court found on the balance of probabilities that the applicant experienced a material change in circumstances effective September 1, 2005, he provided reasonable notice and the respondent failed to respond or disclose for three years; accordingly the court provisionally forgave arrears equal to the 42-month difference between the ordered spousal support ($2,055/month) and actual payments ($800/month) totaling $52,710, continued spousal support at $800/month pending confirmation, and imposed specific disclosure obligations on the respondent to permit a confirming court to make final determination.

Citation
2009 NSSC 265
Parties
Applicant/petitioner: James Power; Respondent: Marcia (Power) Zutter
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 September 2009
Procedural Posture
Application to Vary Under S.17 of the Divorce Act (spousal Support) / Provisional Variation Order Pending Confirmation Hearing (reciprocal Proceedings to Confirm in Alberta)
Outcome
Partial variation granted provisionally: arrears largely forgiven, provisional reduction of spousal support ordered subject to confirmation, disclosure orders imposed on respondent, potential termination of spousal support if disclosure not provided by deadline.
Legal Topics
Variation of Support, Termination of Spousal Support, Forgiveness of Arrears, Disclosure Obligations, Material Change in Circumstances, Confirmation Hearing
Source Language
English
Family Law Divorce Spousal Support Child Support Maintenance Enforcement Variation of Support Termination of Spousal Support Forgiveness of Arrears +3 more

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Parties

James Power

Applicant/petitioner

Marcia (Power) Zutter

Respondent

Procedural Posture

Application to Vary Under S.17 of the Divorce Act (spousal Support) / Provisional Variation Order Pending Confirmation Hearing (reciprocal Proceedings to Confirm in Alberta)

Legal Issues

  1. 1 Whether there was a material change in circumstances justifying variation of spousal support effective September 1, 2005
  2. 2 Whether the applicant’s reduced payments and the recipient’s failure to object/communicate justify forgiveness of arrears
  3. 3 Whether provisional reduction of spousal support should continue pending confirmation and disclosure

Ratio Decidendi

The court found on the balance of probabilities that the applicant experienced a material change in circumstances effective September 1, 2005, he provided reasonable notice and the respondent failed to respond or disclose for three years; accordingly the court provisionally forgave arrears equal to the 42-month difference between the ordered spousal support ($2,055/month) and actual payments ($800/month) totaling $52,710, continued spousal support at $800/month pending confirmation, and imposed specific disclosure obligations on the respondent to permit a confirming court to make final determination.

Court Disposition

Partial variation granted provisionally: arrears largely forgiven, provisional reduction of spousal support ordered subject to confirmation, disclosure orders imposed on respondent, potential termination of spousal support if disclosure not provided by deadline.

Orders

  • Forgive arrears in the amount of CAD 52,710.00 representing 42 months difference between ordered spousal support and actual payments
  • Make no order in relation to the unexplained balance of CAD 556.00 on the MEP statement