Harris v. Harris

Harris v. Harris

The court found no change in circumstances warranting variation because the respondent's retirement was voluntary and not compelled by health, there was no agreement that retirement would reduce support, and the recipient's need and efforts toward self‑sufficiency remained; accordingly the application to terminate spousal support was dismissed and payments must resume with arrears paid.

Citation
2010 NSSC 410
Parties
Petitioner: Colleen Anne Harris; Respondent: Stephen Blake Harris
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 November 2010
Procedural Posture
Application to Terminate Spousal Support Under the Divorce Act (variation of Spousal Support) / Judgment on Application (decision)
Outcome
Application dismissed; spousal support obligation not varied
Legal Topics
Variation of Spousal Support, Change of Circumstances, Voluntary Retirement and Underemployment, Ability to Pay and Health
Source Language
English
Family Law Spousal Support Divorce Act Variation of Spousal Support Change of Circumstances Voluntary Retirement and Underemployment Ability to Pay and Health

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Parties

Colleen Anne Harris

Petitioner

Stephen Blake Harris

Respondent

Procedural Posture

Application to Terminate Spousal Support Under the Divorce Act (variation of Spousal Support) / Judgment on Application (decision)

Legal Issues

  1. 1 Whether there has been a change in condition, means, needs or other circumstances under s.17(4.1) of the Divorce Act permitting variation of spousal support
  2. 2 Whether the respondent's voluntary early retirement constitutes a change that relieves him of spousal support obligations
  3. 3 Whether the respondent's health compelled retirement or otherwise reduces his obligation to pay support

Ratio Decidendi

The court found no change in circumstances warranting variation because the respondent's retirement was voluntary and not compelled by health, there was no agreement that retirement would reduce support, and the recipient's need and efforts toward self‑sufficiency remained; accordingly the application to terminate spousal support was dismissed and payments must resume with arrears paid.

Court Disposition

Application dismissed; spousal support obligation not varied

Orders

  • Dismiss application to terminate spousal support.
  • Mr. Harris shall immediately resume monthly spousal support payments of $1,100.00.