Boone v Boone

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Hylton, J.
• Judgment Date: 14 December 1992
• Neutral Citation: KN 1992 HC 6
• Docket Number: 19 of 1991
• Date: 14 December 1992

High Court

Hylton, J.

19 of 1991

Boone

and

Boone

Appearances:

For Petitioner - Messrs E. Ferdinand and D. Kelsick.

For Respondent - Dr. H. Browne and Mr. G. Hamilton.

Family law - Child – Maintenance — Decree nisi granted — Interim maintenance order granted to child of marriage — Determination of issue of maintenance — Quantum.

Hylton, J.

1 The Petitioner filed his petition for dissolution of the marriage on 23rd August, 1991 and the Respondent filed her answer to the same on 2nd October, 1991.

2 On 6th March, 1992 on the application of the Respondent the Petitioner was ordered to pay to the Respondent interim monthly maintenance for the child of the marriage MARELVA SAMANTHA BOONE in the sum of $400.00 per month with effect from 15th March, 1992.

3 When the Suit came on for hearing on 23rd November, 1992 by consent of the parties the Petitioner's Prayer was withdrawn, the Respondent proceeded and a Decree Nisi on the grounds of the Petitioner's Cruelty was pronounced, custody of the child of the marriage was ordered to remain in the Respondent with reasonable access to the Petitioner, and maintenance adjourned to 8th December, 1992 for hearing in Open Court with costs to the Respondent to be agreed or taxed.

4 On 8th December, 1992 the issue of maintenance was heard.

5 The Respondent relied on her affidavit as to means in support of application for Ancillary Relief filed on 20th February, 1992 and gave additional evidence after which she was cross-examined. The Petitioner likewise relied on his affidavit in answer to application for maintenance pending suit filed on 19th June, 1992, gave evidence briefly and was cross-examined.

6 The Respondent gave evidence that her monthly net pay is $337, that she now lives alone with her daughter the child of the marriage and pays rent of $400.00 per month. In other respects she relied on paragraphs 7 and 8 regarding her current living expenses. These are:-

• 7(a) Food —$800.00 per month

• (b) Transportation —$100.00 per month

• (c) Clothing —$170.00 per month

• 8(b) Electricity —$100.00 per month

• (c) Water —50.00 per month

• (d) Telephone —$100.00 per month

• (e) Cable television —$ 50.00 per month

• (f) Cooking gas —$ 50.00 per month

• (g) Medical expenses —$25.00 per month

7 This amounts to a total expenditure of One Thousand, Eight Hundred and Forty-five ($1,845.00 p.m.) including rent and the only income she has is her earnings of $837 monthly.

8 The Respondent testified that her brother assists her financially but no amount or estimate of this financial assistance was given. It would mean therefore, if the Respondent's evidence is accepted in its totality that she spends each month more than twice her earnings.

9 The Respondent further testified that during the marriage the Petitioner provided $125 —$130 weekly for food —but this was not sufficient and she had to make good the shortfall from her own earnings —again no details of the amount she had to contribute was given.

10 The Respondent in paragraph 6 of her affidavit deposed that her daughter's living expenses are as follows:-

• (a) School fees —$600.00 per year

• (b) School uniforms and School Shoes —$300.00 per year

• (c) School books —$400.00 per year

• (d) Transportation to and from School —$180.00 per year

• (e) Food —$3,000.00 per year

• (f) Clothing —$1,200.00 per year

• (g) Medical expenses —$2,000:00 per year

• (h) Miscellaneous expenses —$11,230.00

11 AVERAGE ANNUAL EXPENSES —$3,600.00 per year

12 and further that $2,000 will be needed for braces. She said however that this will not become necessary until 1993. The Petitioner disputed this but neither one called expert evidence in this regard.

13 The Petitioner deponed in paragraph 4 of his affidavit that his monthly salary as Manager of Boonies Construction Co. Ltd. is $3,500, he maintained this in oral evidence and disagreed that he has other sources of income.

14 In paragraph 3 of his affidavit he specifically denied that he earned $15,200 per mouth as deposed to by the Respondent in her paragraph 3.

15 The Petitioner stated that he allows his sister to live in the former matrimonial home at a rent of $50 per month and there was other evidence pertaining to an unfinished building on the said property but this is discounted as the evidence pertaining to this property is unclear —not referred to in the pleadings and does not appear to be relevant to the instant proceedings.

16 On the Respondent's oral and affidavit evidence I find that his monthly expenses total over $5,727 i.e. the expense detailed in his affidavit as follows:-

• (a) Travelling expenses —$300.00

• (b) Maintenance for child not being a child of the marriage —$300.00

• (c) Maintenance of my mother —$400.00

• (d) Mortgage on lands bought jointly by Respondent and myself —$667.00

TOTAL —$1667.00

• Living Expenses:-

• (a) Electricity —$200.00

• (b) Water —$50.00

• (c) Cable —$50.00

• (d) Furniture and Appliance payments —$200.00

• (e) Food —$600.00

• (f) General household expenses —$250.00

Plus —Car payments —$990.00 per month

Hire purchase for furniture etc. —$800.00 per month

(in addition to $200.00 under paragraph 6(d) of his affidavit)

Local insurance premiums —$250.00 per month

Foreign insurance premiums —$210.00 per month

17 Of this total monthly expenditure of $5,727 —$990.00 was recently incurred for a car and $667 will cease when payment on the land bought jointly by Petitioner and Respondent end in February, 1993.

18 In addition to expenditure which...