Callender v Callender

JurisdictionTrinidad & Tobago
JudgeTam, J.
Judgment Date26 January 2001
Neutral CitationTT 2001 HC 16
Docket NumberM-612 of 1998
CourtHigh Court (Trinidad and Tobago)
Date26 January 2001

High Court

Tam, J.

M-612 of 1998

Callender
and
Callender
Appearances:

Mrs. H. Griffith for the petitioner.

Mrs. J. James-Sebastien for the respondent.

Family law - Maintenance — Petitioner sought order for maintenance of two children of the family — Section 25 of Matrimonial Proceedings and Property Act — Whether request reasonable — Judgment for petitioner.

Tam, J.
1

The parties were married on the 22nd February, 1987. There are two children of the family, namely, Keegan, born on the 31st of October, 1987 and Kyle, born on the 25th January, 1993.

2

They separated in June, 1998. On the 18th June, 1998, the wife filed a petition for divorce and on the 21st October, 1999, a decree nisi was pronounced in her favour on grounds of the husband's behaviour. However, the husband has reserved the right to challenge allegations of behaviour in any proceedings for ancillary relief.

3

Before the court is the wife's Notice filed on the 10th October, 2000, in which she seeks an order for the maintenance for Keegan and Kyle. The application is brought pursuant to section 25 of the Matrimonial Proceedings and Property Act Chapter 45:51. This section must be read in conjunction with section 27 of the Act. In exercising its discretion to make an order under section 25, it is the duty of the court to have regard to all of the circumstances of the case including the matters set out in section 27 (2) of the Act. Those matters are–

  • (a) the financial needs of the child;

  • (b) the income, earning capacity (if any), property and other financial resources of the child;

  • (c) any physical or mental disability of the child; II

  • (d) the standard of living enjoyed by the family before the breakdown of the marriage;

  • (e) the manner in which he was being and in which the parties expected him to be educated or trained.

4

The objective of the court is to exercise its powers so as to place the children, so far as it is practicable and just to do so, in the financial position in which the children would have been if the marriage had not broken down and each of the parties had properly discharged their financial obligations and responsibilities towards the children.

5

Regard must also be had to the matters set out at section 27.(1) paragraphs (a) to (h). These are–

  • (a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;

  • (b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

  • (c) the standard of living enjoyed by the family before the breakdown of the marriage;

  • (d) the age of each party to the marriage and the duration of the marriage;

  • (e) any physical or mental disability of either of the parties to the marriage;

  • (f) contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;

  • (g) any order made under section 53;

  • (h) in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

6

The wife is now in her mid-thirties. She was employed as a Sales person in a store at the time of the marriage. She is still employed with the same store and is now the Store Manager. She earns $1,107.00 per fortnight and has worked with that particular store for the past 19 years. Her monthly expenses for electricity, water, telephone and cable amounts to just over $400.00. In addition, she has deposed to monthly expenses for transport, clothing, shoes, food, loans and medical treatment/supplies amounting to approximately $1,600.00.

7

From her affidavit of the 31st October, 2000, and after having the benefit of hearing her cross-examination, there appears to be additional expenses of approximately $1,500.00 per month for the children. In other words, ideally, a minimum sum of approximately $3,500.00 is needed by the wife to run the household and to maintain the children.

8

The husband pays the mortgage instalments of $941.83 monthly on the former matrimonial home in which the wife lives with the two children. The property is owned by them both. According to him, their arrangement was that he would pay the instalments on the home while she would look after the expenses...

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