Winter v. Donaldson [2005] ScotSC 12 (17 February 2005)

Winter v. Donaldson [2005] ScotSC 12 (17 February 2005)

The pursuer has not established need for interim aliment, and the defender does not have the resources to pay the whole of the school fees or make any payment to the pursuer, given the parties' respective financial positions and the defender's indebtedness.

Citation
[2005] ScotSC 12
Parties
Pursuer: Dr. Patricia Helen Winter or Donaldson; Defender: James Andrew Donaldson
Jurisdiction
Scotland
Judgment Date
17 February 2005
Procedural Posture
Family Law Interim Aliment and School Fees / Interlocutory Motion
Outcome
Pursuer's motion refused; question of expenses reserved.
Legal Topics
Interim Aliment, School Fees, Financial Provision on Divorce
Family Law Interim Aliment School Fees Financial Provision on Divorce

Case Brief

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Parties

Dr. Patricia Helen Winter or Donaldson

Pursuer

James Andrew Donaldson

Defender

Procedural Posture

Family Law Interim Aliment and School Fees / Interlocutory Motion

Legal Issues

  1. 1 Whether the defender should be ordered to pay school fees for the children
  2. 2 Whether the defender should be ordered to pay interim aliment to the pursuer

Ratio Decidendi

The pursuer has not established need for interim aliment, and the defender does not have the resources to pay the whole of the school fees or make any payment to the pursuer, given the parties' respective financial positions and the defender's indebtedness.

Court Disposition

Pursuer's motion refused; question of expenses reserved.

Orders

  • Refusal of pursuer's motion for payment of school fees and interim aliment
  • Reservation of all questions of expenses