MAGNUS & MAGNUS

In the matter of *Magnus & Magnus*, heard before Stevenson J, the wife sought various interim orders, including a lump sum payment of $100,000, spouse maintenance, and adult child maintenance. The husband, while conceding the wife's need for spouse maintenance, disputed his capacity to continue paying it and sought the immediate sale of the former matrimonial home. The wife, in turn, acknowledged the necessity of selling the home.

The court was required to determine whether the husband possessed the capacity to continue paying spouse maintenance, the necessity of an adult child maintenance order, and the appropriate course of action regarding the sale of the former matrimonial home. Additionally, the court considered applications for child support departure orders made by both parties.

Stevenson J found that the husband had the capacity to continue paying spouse maintenance until the former matrimonial home was sold. Regarding the $100,000 payment sought by the wife, no submissions were made as to its source, and the court noted the husband's inability to afford such a payment given the imminent sale of the home. The wife was unable to satisfy the court that an adult child maintenance order was necessary, and consequently, no such order was made. The court also declined to make child support departure orders at this stage, instead varying the administrative assessment.

The court made orders pending further order for the sale of the former matrimonial home and for spouse maintenance to be paid to the wife.