Sisk v. Sisk

Sisk v. Sisk

There was insufficient change in circumstances to vary the termination date or increase spousal support, but the existing arrears must be enforced; therefore the court granted enforcement of arrears, ordered diversion of the husband’s CPP and garnishee of pension and income tax refunds until arrears (plus interest...

Source-derived case information.

Citation
2004 NSSF 64
Parties
Petitioner/respondent: Edwin James Sisk; Respondent/applicant: N. Jeanette Sisk
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 July 2004
Procedural Posture
Divorce — Variation and Enforcement of Spousal Support Order / Application to Vary and Enforce (decision)
Outcome
Application to enforce arrears granted; application to vary upward spousal support and to remove termination date denied for lack of sufficient change in circumstances.
Legal Topics
Spousal Support, Arrears, Termination Date, Maintenance Enforcement, Pension Garnishment, Costs, Interest on Judgments
Source Language
english
Family Law Divorce Enforcement Spousal Support Arrears Termination Date Maintenance Enforcement Pension Garnishment +2 more

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Parties

Edwin James Sisk

Petitioner/respondent

N. Jeanette Sisk

Respondent/applicant

Procedural Posture

Divorce — Variation and Enforcement of Spousal Support Order / Application to Vary and Enforce (decision)

Legal Issues

  1. 1 Whether the separation agreement entitled the husband to cease spousal support unilaterally at age 60
  2. 2 Whether spousal support should be terminated or continued and whether the termination date should be removed
  3. 3 What arrears are owing and how they should be enforced

Ratio Decidendi

There was insufficient change in circumstances to vary the termination date or increase spousal support, but the existing arrears must be enforced; therefore the court granted enforcement of arrears, ordered diversion of the husband’s CPP and garnishee of pension and income tax refunds until arrears (plus interest and costs) are paid, and awarded costs of $750 to be added to the arrears and collectible under the Maintenance Enforcement Act.

Court Disposition

Application to enforce arrears granted; application to vary upward spousal support and to remove termination date denied for lack of sufficient change in circumstances.

Orders

  • Arrears payable by diversion of the husband’s Canada Pension Plan payments as agreed and by garnishee of pension and any income tax refunds until arrears are paid in full
  • Outstanding arrears to accrue interest in accordance with the Interest on Judgments Act, R.S., c. 233, s. 1