Morck v. Morck

Morck v. Morck

Application dismissed because applicant's reduced earnings were found to be temporary and he retained the ability to earn income sufficient to pay the agreed $3,000 per month; respondent is presently unable to work and entitled to continue receiving support, subject to a review in two years with specified evidentiary requirements regarding medical condition and availability of disability assistance.

Citation
2012 BCSC 468
Parties
Claimant: Colleen Eva Morck; Respondent: Michael Anders Morck
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 March 2012
Procedural Posture
Spousal Support Variation Application / Application for Termination or Reduction; Reasons for Judgment
Outcome
Application to terminate or reduce spousal support dismissed
Legal Topics
Variation of Spousal Support, Incorporation and Enforcement of Separation Agreements, Medical Incapacity and Disability Evidence, Imputation of Income and Earning Capacity, Review Clauses
Source Language
English
Family Law Spousal Support Contract/separation Agreement Divorce Act Family Relations Act Variation of Spousal Support Incorporation and Enforcement of Separation Agreements Medical Incapacity and Disability Evidence +2 more

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Parties

Colleen Eva Morck

Claimant

Michael Anders Morck

Respondent

Procedural Posture

Spousal Support Variation Application / Application for Termination or Reduction; Reasons for Judgment

Legal Issues

  1. 1 Whether spousal support should be terminated or reduced
  2. 2 Whether the applicant's change in financial circumstances justifies variation
  3. 3 Whether the separation agreement and incorporated divorce order preclude variation

Ratio Decidendi

Application dismissed because applicant's reduced earnings were found to be temporary and he retained the ability to earn income sufficient to pay the agreed $3,000 per month; respondent is presently unable to work and entitled to continue receiving support, subject to a review in two years with specified evidentiary requirements regarding medical condition and availability of disability assistance.

Court Disposition

Application to terminate or reduce spousal support dismissed

Orders

  • The amount of support shall be reviewed two (2) years from the date of this order, without a change in circumstances, and in any event, upon a change in circumstances with either party having liberty to apply to a court of competent jurisdiction.
  • At the time of the review, if Colleen Morck takes the position that her ability to earn income is limited in any way by her medical condition, she must present medical evidence setting forth a full diagnosis of her condition, a record of her course of treatment, and a prognosis, including specifically an opinion...