C.L. v. C.C.

C.L. v. C.C.

Although the respondent's income decreased on retirement, he retains some ability to pay and the petitioner continues to have a demonstrated need; therefore the spousal support order should be varied downward rather than cancelled.

Source-derived case information.

Citation
2005 BCSC 140
Parties
Petitioner: J.P.G.P.; Respondent: M.B.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 February 2005
Procedural Posture
Family Law Variation of Spousal Support / Application to Cancel or Vary Spousal Support
Outcome
Application to cancel spousal support denied; order varied to reduce support.
Legal Topics
Variation of Support, Retirement and Support Obligations, Ability to Pay, Entitlement to Support, Income and Needs Assessment
Source Language
english
Family Law Spousal Support Divorce Variation of Support Retirement and Support Obligations Ability to Pay Entitlement to Support Income and Needs Assessment

Source-derived case record

Summary, issues, holding and outcome

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Parties

J.P.G.P.

Petitioner

M.B.P.

Respondent

Procedural Posture

Family Law Variation of Spousal Support / Application to Cancel or Vary Spousal Support

Legal Issues

  1. 1 Whether spousal support obligation should be cancelled following respondent's retirement and reduced income
  2. 2 Whether respondent retains ability to pay spousal support despite reduced income
  3. 3 Whether petitioner continues to have need and entitlement to support

Ratio Decidendi

Although the respondent's income decreased on retirement, he retains some ability to pay and the petitioner continues to have a demonstrated need; therefore the spousal support order should be varied downward rather than cancelled.

Court Disposition

Application to cancel spousal support denied; order varied to reduce support.

Orders

  • Application to cancel spousal support dismissed.
  • Respondent shall pay spousal support in the amount of $500 per month effective October 1, 2005.