Haughan v Haughan [2001] ScotCS 112 (11 May 2001)

Haughan v Haughan [2001] ScotCS 112 (11 May 2001)

There has been a material change of circumstances since the date of decree, namely the defender's loss of employment, ongoing indebtedness, and inability to pay the periodical allowance. The defender cannot afford to pay the previously awarded sum, and there is no practical prospect of the pursuer achieving a periodical allowance of any substance or regularity. Therefore, periodical allowance should be reduced to nil, backdated to 12 February 1997.

Citation
[2001] ScotCS 112
Parties
Pursuer and Respondent: Kathleen Haugan; Defender and Reclaimer: Odd Haugan
Jurisdiction
Scotland
Judgment Date
11 May 2001
Procedural Posture
Divorce Action / Recommendation Following Proof After Interlocutory Orders and Amendments
Outcome
Recommendation to reduce periodical allowance to nil, backdated to 12 February 1997.
Legal Topics
Divorce, Periodical Allowance, Interim Aliment, Variation of Maintenance, Material Change of Circumstances
Family Law Divorce Periodical Allowance Interim Aliment Variation of Maintenance Material Change of Circumstances

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Parties

Kathleen Haugan

Pursuer and Respondent

Odd Haugan

Defender and Reclaimer

Procedural Posture

Divorce Action / Recommendation Following Proof After Interlocutory Orders and Amendments

Legal Issues

  1. 1 Whether there has been a material change of circumstances justifying variation of periodical allowance awarded in 1995
  2. 2 Whether periodical allowance should be reduced to nil and backdated

Ratio Decidendi

There has been a material change of circumstances since the date of decree, namely the defender's loss of employment, ongoing indebtedness, and inability to pay the periodical allowance. The defender cannot afford to pay the previously awarded sum, and there is no practical prospect of the pursuer achieving a periodical allowance of any substance or regularity. Therefore, periodical allowance should be reduced to nil, backdated to 12 February 1997.

Court Disposition

Recommendation to reduce periodical allowance to nil, backdated to 12 February 1997.

Orders

  • Reduce periodical allowance to nil from 12 February 1997.
  • Pursuer may return to court if defender's financial circumstances improve.