M.G.H. v. J.L.H.

M.G.H. v. J.L.H.

Applicant failed to prove a material financial deterioration that would justify terminating spousal support because his overall economic position remained close to the basis of the original award and the Respondent retained ongoing need and entitlement given the long traditional marriage and her limited capacity for retraining; balancing need and ability to pay, the court exercised discretion to temporarily reduce support to $800 per month during the Applicant's rehabilitation/training, maintain the life insurance beneficiary requirement while support remains payable, require recalculation of arrears by Maintenance Enforcement and impose a moratorium on collection of past arrears pending...

Citation
2015 NSSC 259
Parties
Applicant (payer): M. G. H.; Respondent (recipient): J. L. H.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
13 November 2015
Procedural Posture
Application to Vary Corollary Relief Judgment (spousal Support) / Variation Hearing and Decision
Outcome
Variation partially granted: spousal support reduced from $1,000 to $800 per month effective from the month in 2014 in which payments were reduced without court order; termination request denied; life insurance beneficiary requirement to remain while support payable; moratorium on collection of past arrears until...
Legal Topics
Variation of Support, Material Change of Circumstances, Self Sufficiency, Life Insurance Security, Arrears, Moratorium on Collection, Double Dipping (pension Inclusion)
Source Language
English
Family Law Spousal Support Pension Division Maintenance Enforcement Variation of Support Material Change of Circumstances Self Sufficiency Life Insurance Security +3 more

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Parties

M. G. H.

Applicant (payer)

J. L. H.

Respondent (recipient)

Procedural Posture

Application to Vary Corollary Relief Judgment (spousal Support) / Variation Hearing and Decision

Legal Issues

  1. 1 Whether the Applicant has established a material change in circumstances sufficient to terminate or significantly reduce spousal support
  2. 2 Whether the Respondent has failed to diligently pursue self-sufficiency
  3. 3 Whether the Applicant's pension should be included in income for support (double dipping)

Ratio Decidendi

Applicant failed to prove a material financial deterioration that would justify terminating spousal support because his overall economic position remained close to the basis of the original award and the Respondent retained ongoing need and entitlement given the long traditional marriage and her limited capacity for retraining; balancing need and ability to pay, the court exercised discretion to temporarily reduce support to $800 per month during the Applicant's rehabilitation/training, maintain the life insurance beneficiary requirement while support remains payable, require recalculation of arrears by Maintenance Enforcement and impose a moratorium on collection of past arrears pending...

Court Disposition

Variation partially granted: spousal support reduced from $1,000 to $800 per month effective from the month in 2014 in which payments were reduced without court order; termination request denied; life insurance beneficiary requirement to remain while support payable; moratorium on collection of past arrears until...

Orders

  • Spousal support reduced to $800 per month effective the month in 2014 when payments were reduced without court order
  • Support payments to be reassessed by either party at end of Applicant's course or when disability entitlement changes