Question
Patrick and Elaine got married on June 2010. Patrick had initially been involved in pastoral work in Ontario. He came to Saskatchewan for RCMP training
Patrick and Elaine got married on June 2010. Patrick had initially been involved in pastoral work in Ontario. He came to Saskatchewan for RCMP training in the fall of 2014. This was the culmination of five years of trying to gain admission to the RCMP program. In anticipation of joining Patrick in Saskatchewan, Elaine sold the family home in December of 2014 and had the family's personal possessions placed into storage. She visited Patrick in Regina for his graduation in April of 2015. Elaine felt that Patrick acted cold at that time and was distant on that occasion. Patrick was subsequently posted to Wadena for his first assignment.
Elaine came to Saskatchewan in May of 2015. The happenings surrounding that visit are the source of some controversy and are not entirely agreed upon. Elaine says that she had planned to visit Patrick and told him about it. She says Patrick's reaction was initially to try to prevent it. Elaine says Patrick said he did not love her anymore and wanted to end the marriage. Elaine said that she came anyhow and she saw a change in Patrick's resolve once she was here. Elaine says that by the conclusion of the visit Patrick said he wanted to try to make the marriage work.
Patrick says the trip was not discussed in advance. His version is that Elaine showed up at the airport unannounced. He says he communicated to her that he needed space in order to figure things out. Elaine came to Saskatchewan on July 1, 2015 as had been planned sometime previously. Patrick's dad advised Patrick by text message she was coming. At this point Patrick says he was intent on not going back into the relationship and told Elaine this via voice mail while she was in flight. Patrick did ultimately come to the Regina airport to pick Elaine up although that was not how he wanted things to go. He expressed this to Elaine at the airport and made it known to her at again that the relationship has ended. Patrick arranged for a hotel in Regina for Elaine to stay at. Elaine stayed in Regina and now live here. She rents a small bungalow with one bedroom and one bathroom on the main floor and a suite downstairs. She pays $1,400 per month to rent the house. Elaine has found work in Regina seem content to remain here. Patrick is presently posted with the RCMP at Gravelbourg and has re-partnered there.
Elaine's financial statement is quite modest. She shows a total family expense of $62,905. When compared with her employment income, there is a $20,916 shortfall. Patrick's financial statement reveals $111,946.78 in expenditures. His surplus is $21,460.22.
In the application for spousal support. Patrick says due to the history of low income in the family, at least prior to his becoming an RCMP officer, their standard of living was very low. Thus, he says, Elaine does not qualify for spousal support. If she does, it should be at the very low end of the range.
Discuss factors the court will consider under the Divorce Act and the principles the court will consider under the Divorce Act in determining whether spousal support is appropriate and, if so in what amount (quantum). Calculate the spousal support.
Direct references/examples from the facts as stated above is required in your discussion.
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