Thompson v Thompson

JurisdictionBahamas
CourtSupreme Court
JudgeSawyer, J.
Judgment Date28 Sep 1990
Docket NumberDivorce and Matrimonial Side No. 221

Supreme Court

Sawyer, J.

Divorce and Matrimonial Side No. 221

Thompson
and
Thompson
Appearances:

Ms. R. P. Bain for petitioner/applicant

Mrs. E. Chase for respondent

Family law - Husband and wife — Divorce — Ancillary proceedings — Matrimonial property Settlement.

Sawyer, J.
1

By a Notice of Intention to Proceed with Ancillary matters filed 23 August, 1989 (which was brought on for hearing by another notice filed on 9th May, 1990) the applicant seeks inter alias —

2

(…2. Maintenance of the children marriage.

3

(3. A settlement of the matrimonial property.(

4

In support of the application, the applicant swore an affidavit of means on 11th August 1989.

5

An affidavit of means was sworn by the respondent 1st August 1990 and filed the same day.

6

From the applicant's affidavit and the submissions of her counsel (based upon “instructions”) it appears that since the parties separated in October 1986, the respondent made no regular contribution towards maintaining the three children of the marriage although a sum of $2,130.00 was acknowledged by the applicant to have been received by her respondent in that regard.

7

The respondent, at paragraph 12 of his affidavit, while acknowledging that he did not make regular maintenance payments for the children, states that he made indirect contributions by e.g. satisfying the two outstanding loans which were in existence, at the time the petitioner left the matrimonial home — part of one of which was given to the applicant to pay school fees ($2,000.00). In the same paragraph, the respondent stated that he had contributed more than the $2,130.00 alleged by the applicant, having often bought grocery for the children from his place of employment and given the applicant money to buy shoes for the children on at least one occasion.

8

I am satisfied that the respondent did contribute more than $2,130.00 towards the maintenance of the children of the marriage. However I am also satisfied that such contributions as he made were not done, on a regular basis.

9

There had been discussions between the parties in an attempt to settle the maintenance of the children and division of the matrimonial property but those discussions were not fruitful.

10

Apparently, the respondent had offered to settle those two matter's by (i) making regular maintenance payments of $300.00 per month (or $100.00 per child per, month), (11) paying the respondent $45,000.00 for her interest in the matrimonial home.

11

The applicant was only prepared to accept the $45,000.00 offered if a vacant lot, which is mortgage-free and which is next-door to the matrimonial home was conveyed to her or upon trust for the 3 children of the marriage and if $500.00 per month maintenance could be paid for the children as well as half of their school fees.

12

At the time of swearing the affidavit of 11th August, 1989, the applicant and the children of the marriage were living in rented accommodation; since then (in the early months of 1990) I am informed by the applicant's counsel that the applicant has been able to purchase a home for herself and the children of the marriage but that it is subject to a mortgage and another loan which will need to be satisfied as quickly as possible.

13

I am satisfied that both parties wish to do their best for the children of the marriage although they may not be ad idem as to what is best for them.

14

I take into account the expense the respondent(s has in relation to his new household as far as I can but, because the petitioner has custody of the children of the marriage, she would be entitled to receive adequate maintenance for them which, according to my understanding of the case law on the subject, necessarily includes education as one...

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