Roberts & Roberts

In *Roberts & Roberts*, Ryan J considered applications to enforce, vary, or discharge interim spousal maintenance orders and arrears. The primary dispute concerned whether changes in the parties' circumstances constituted "just cause" to alter the existing interim spousal maintenance order.

The court was required to determine if the alleged changes in the parties' circumstances amounted to just cause for varying the interim spousal maintenance order. It also needed to assess the wife's continuing maintenance needs and the husband's capacity to pay, in light of the wife's quantified reasonable weekly needs being less than the amount stipulated in the original order. Furthermore, the court had to decide how any outstanding arrears should be addressed.

Ryan J found that the husband had not established just cause for a complete discharge or significant variation of the maintenance order. The wife demonstrated continuing maintenance needs, and the husband was found to have the capacity to pay. Consequently, the court varied the original interim spousal maintenance order by reducing the weekly payment to $853.00. The court declared arrears of $20,472.00 and ordered that these arrears be paid by the husband at a rate of $400.00 per week. Additionally, the court ordered the parties to jointly apply for a loan of $165,000.00, secured against their property, with $150,000.00 to be released to the applicant and the remainder to cover interest on the advance. All other outstanding interim applications were dismissed.