Supreme Court
Decision Information
Abstract: The Applicant Husband seeks to vary the amount of ongoing maintenance which he is required to pay and to rescind unpaid arrears that have accumulated in the past year. The application is based upon s. 19 of the Domestic Relations Act, specifically the Applicant husband claims that his means have significantly decreased. The parties had executed Minutes of Settlement which were substantially incorporated in a Consent Judgment. There were no provisions for the variation of the amount of maintenance to be paid to the wife.
Decision: The application for a variation in ongoing maintenance is denied. For the Court to order a reduction in spousal maintenance, the party seeking the variance must show that there has been (a) a radical change of circumstances that was (b) unforeseen or completely outside the reasonable contemplation of the parties at the time of signing the agreement. Absent special circumstances, the parties should be left to the bargain they made. A temporary decline in the payor husband's income may warrant a temporary reduction in support, but not a permanent variation in ongoing obligations. Maintenance will be varied for the period of June 1, 1993 to and including October 1, 1993 to $400.00. Arrears are to be paid off in the amount of $200 per month which is in addition to the $800.00 per month in ongoing support payments. The Respondent wife is granted costs of the application in the amount of $500.00 inclusive of disbursements).
Subjects: Family law
Keywords: Spousal support - variation - minutes of settlement