Short & Trevilian (No. 3)

The case of *Short & Trevilian (No. 3)* involved a dispute between a husband and wife concerning property settlement, child support, and spousal maintenance. The court was required to determine how to pool and divide the parties' assets and liabilities, assess child support obligations, and consider the wife's application for spousal maintenance.

The legal issues before the court included the inclusion of $18,000 withdrawn by the wife since separation in the property pool, the validity of a mortgage on a property registered to the husband's parents, the assessment of contributions between the parties, and the application of section 75(2) factors, particularly the significant disparity in income-earning capacity. The court also had to consider the husband's unilateral cessation of periodic child support payments, arrears, and the wife's application for a departure from administrative child support assessments for two of their children. Furthermore, the court was asked to determine the wife's application for an increase in spousal maintenance, considering her capacity to earn and the proposed property settlement orders.

Strickland J rejected the husband and his father's claim regarding an unrepaid loan, finding the mortgage on the property registered to the husband's parents to be invalid. The court assessed contributions at 55% in favour of the husband and 45% in favour of the wife, but made a 20% adjustment in the wife's favour under section 75(2) due to the significant disparity in income-earning capacity. Regarding child support, the court found grounds for departure under s117(2)(b)(ii) for the youngest two children, but ultimately determined that the 2006 assessments should remain in place, increasing the annual rate payable by the husband. The wife's application for spousal maintenance was dismissed as she no longer met the threshold test of being unable to support herself adequately. The court also dismissed the wife's application for an injunction restraining the husband from dealing with certain property.

The court made detailed orders regarding the transfer of interests in various properties, the division of net proceeds from the sale of another property, and the retention of specific items of personalty and real estate by each party. The husband was ordered to discharge the mortgage to his parents and indemnify the wife against related liabilities. The existing order for spousal maintenance was discharged, and the wife's application for an increase was dismissed. The court made specific orders regarding child support, departing from administrative assessments for the period from 16 June 2003 to 20 March 2006 and increasing the annual rate for two children from January 2007. The wife's application for an injunction was dismissed.