3/15/2022
START DATE
END DATE
3/25/2022
Philip Ellsworth Bailey Jr. v Jocelyn Lavonne Bailey
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Court of Appeal (Civil Division) Bermuda
Divorce and Family Law
THE LORD PRESIDENT SIR CHRISTOPHER CLARKE JUSTICE OF APPEAL GEOFFREY BELL JUSTICE OF APPEAL ANTHONY SMELLIE
David Kessaram Jacqueline MacLellan
Respondent in person
FACTS OF THE CASE:
Dispute over maintenance payments after changes in circumstances. Husband sought reduction emphasizing change in mortgage payments and children's education status. Initially set as child maintenance ambiguity arose whether payments were also for spousal support. Wife's greater earnings noted but payments treated as partly spousal maintenance. Maintenance adjusted with children's changing educational needs. Appeal highlighted confusion in original orders lack of clarity in judge's ruling and need for precise determination in maintenance categorization
SUMMARY:
Appellant (Husband)
OUTCOMES:
RULED IN FAVOUR OF:
Undetermined pending new Supreme Court hearing.
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Philip Ellsworth Bailey Jr. v Jocelyn Lavonne Bailey
Dispute over maintenance payments after changes in circumstances. Husband sought reduction emphasizing change in mortgage payments and children's education status. Initially set as child maintenance ambiguity arose whether payments were also for spousal support. Wife's greater earnings noted but payments treated as partly spousal maintenance. Maintenance adjusted with children's changing educational needs. Appeal highlighted confusion in original orders lack of clarity in judge's ruling and need for precise determination in maintenance categorization