Supreme Court

Decision Information

Barnes v Barnes

Court Supreme Court
Date 1986-09-12
Other citations [1986] NWTR 376
File numbers SC 8638
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
Hamlin v. Ladouceur (1985) 46 RFL (2D) 419
Schmidt v. Schmidt (1985) 46 RFL (2D) 71
Rolick v. Rolick (Sask), (1982) 32 RFL (2D) 14
Schlichting v. Schlichting, (1985) 45 RFL (2D) 334
Decision information:

Abstract: Motion to rescind an order of the Supreme Court of Nova Scotia for a lump sum award and arrears in maintenance and to reduce child support retroactively - Further motion for certain rights of access - Applicant contends he is unable to pay the amounts ordered due to disabling heart condition.
Decision: Court declined motion to rescind lump sum payment as this was part of a property settlement between the parties - Court further declined motion to rescind arrears as the Applicant was able to pay these amounts prior to the onset of the heart condition - Court reduced amount of child support payable as Applicant=s condition reduced present earning capacity - Applicant to have reasonable access when financial responsibilities fulfilled - Access to take place gradually in the home of the child.
Subjects: Family law - Children - Custody and access
Family law - Children - Maintenance - Orders for maintenance - Lump sum
Family law - Children - Maintenance - Enforcement - Arrears
Keywords: Child support - arrears - lump sum award - access

Decision Content

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