Katz v. Katz

Katz v. Katz

The court upheld periodic spousal support of $300/month because the prior judge (Warren J.) found rehabilitative periodic support was required to enable the respondent to complete retraining and obtain employment, the respondent's low income and the child's needs justified continuation, and there was no compelling...

Source-derived case information.

Citation
2000 BCSC 1293
Parties
Plaintiff/respondent: Betty Wood Katz; Defendant/applicant: Jason Robert Katz
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 August 2000
Procedural Posture
Divorce — Variation/review of Spousal Support Order / Application to Review/terminate Spousal Support Following Interlocutory and Final Orders
Outcome
Application to terminate spousal support denied; spousal support continued
Legal Topics
Variation of Support, Rehabilitative Periodic Support, Interim Support, Application of Child Support Guidelines
Source Language
english
Family Law Divorce Spousal Support Child Support Variation of Support Rehabilitative Periodic Support Interim Support Application of Child Support Guidelines

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Parties

Betty Wood Katz

Plaintiff/respondent

Jason Robert Katz

Defendant/applicant

Procedural Posture

Divorce — Variation/review of Spousal Support Order / Application to Review/terminate Spousal Support Following Interlocutory and Final Orders

Legal Issues

  1. 1 Whether spousal support of $300/month should be terminated or varied
  2. 2 Whether the spousal support was intended for the benefit of the child and/or to fund the recipient's retraining
  3. 3 Application of Divorce Act principles and the Child Support Guidelines to existing interim orders

Ratio Decidendi

The court upheld periodic spousal support of $300/month because the prior judge (Warren J.) found rehabilitative periodic support was required to enable the respondent to complete retraining and obtain employment, the respondent's low income and the child's needs justified continuation, and there was no compelling change of circumstances to terminate support; accordingly the court ordered continuation through July 1, 2003.

Court Disposition

Application to terminate spousal support denied; spousal support continued

Orders

  • Mr. Katz shall continue to pay spousal support of $300 per month up to and including July 1, 2003.