Nixon and Nixon

This matter came before Dessau J concerning an application by the wife against the husband. The dispute involved the husband's arrears of maintenance and the provision of spousal maintenance. The court also addressed the sale of certain assets to meet outstanding maintenance obligations and the husband's costs.

The court was required to determine the quantum of the outstanding maintenance arrears owed by the husband to the wife. Further, it needed to establish a mechanism for the regular payment of future spousal maintenance and to address the disposition of a dinner set and a motor vehicle to satisfy the arrears. The court also considered the husband's application for contravention and the costs of the proceedings.

The court ordered that the husband owed the wife $17,900 in maintenance arrears. To ensure future spousal maintenance payments of $1,700 per week, the court directed the husband to provide a salary authority for deductions from his salary, or alternatively, a loan account authority if his salary ceased. In the event of the husband's failure to comply, the Registrar of the Family Court was appointed to execute these authorities. The husband was also ordered to deliver a dinner set and transfer a motor vehicle to the wife, who was to sell these items. The proceeds were to be applied first to the outstanding sum and sale expenses, with any balance held on trust pending the final hearing. The court also ordered the husband to pay the wife's costs of the application, fixed at $4,695, with payment stayed for 30 days. The husband's contravention application was withdrawn by consent. The parties also reached agreements regarding the children's time with the father, with specific conditions attached to the recommencement of these arrangements.