Supreme Court

Decision Information

Whalen v Boivin

Court Supreme Court
Date 1995-09-14
File numbers CV 05575
Judge(s) Richard
Location Yellowknife
Cases and statutes considered Cases considered:
Divorce Act, R.S.C. 1985, (2nd supp.) Ch. 3
Haisman v. Haisman [1994] 7 R.F.L. (4th) 1
Decision information:

Abstract: Application for a recision of arrears of child support and monthly child support. The issues were whether support should be ordered for a child attending college but receiving UIC benefits. Evidence demonstrated child had withdrawn from parent's charge and that she was capable of self-support. Applicant was unemployed due a strike but obtained other employment. Three month period of unemployment not a change in the means of the Applicant justifying variation. Applicant was then unemployed for a one-year period but did not apply to reduce monthly payments during that time. Applicant had also been ordered to pay a further sum towards special tuition fees. That amount never enforced by maintenance enforcement. Evidence demonstrated that he had the ability to pay during the time the arrears accumulated.
Decision: Application denied except to the extent of relieving the future obligation for the child no longer a child of the marriage.
Subjects: Family law
Keywords: Child support - variation - arrears
Child of the marriage
Unemployment

Decision Content

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