When parents split, it's usually the children who suffer. But if you're a St. Bernard with expensive tastes, you can make out like a bandit. In what could be the first decision of its kind in Alberta, a Court of Queen's Bench judge recently awarded monthly "dog support" payments to a woman caring for her ex-common-law's four-year-old St. Bernard.
"Weird, huh?" said Ken Duncan of Warburg, the losing party in the case.
"I consider myself a pretty fair person. But there's no way that dog is eating $200 a month."
Duncan and his ex-partner, Barbara Dawn Boschee, were together for six years before they split up last summer. She's now claiming $1,500 a month in spousal support.
In a decision filed Wednesday in Edmonton, Justice Donald Lee postponed settling the spousal support until Duncan discloses his income and expenses.
But he ordered Duncan to pay Boschee pet support payments of $200 a month, retroactive to a year ago. Boschee is looking after Duncan's dog, 'Crunchy,' because he can't find an apartment that takes pets.
"So now I'm out something like $2,200 to start with," said Duncan. "I drive a truck in the oilpatch. I make a good living. It's not a hardship, it's a nuisance. But I'm telling my lawyer to fight it, just on principle."
The decision cites "the cost of, and time required for, feeding and looking after the dog" as justification for the sum.
"A St. Bernard dog obviously costs more to maintain and feed than the usual smaller variety," said Justice Lee in his decision.
Duncan claimed he's offered to pay his ex any extraordinary costs associated with Crunchy's upkeep, such as veterinary bills. But he insists he never paid more than $40 a month on dog food.
"Am I paying her for every time somebody pats my dog?" he asked. "I can't even visit my dog, 'cause the judge won't let me. I miss her a lot. I can't even watch a movie with a St. Bernard in it."
Boschee said the $200 a month is fair. A 40-pound bag of dog food that lasts about three weeks is $55, while another $30 a month covers shampooing rugs because the dog has "lots of accidents," she said.
"The carpet needs shampooing constantly," said Boschee, adding the remainder of the money covers she and her 16-year-old daughter's cost of looking after the dog. Boschee also has her own St. Bernard named Mojo.
One city lawyer who specializes in civil litigation said he's never heard of a judge ordering support payments for a pet.
"Pets usually come under household expenses. If there are kids, and they're particularly attached to the dog, it would be covered by child support," said Bill Dushenksi.
"Dog support, that's a new one. I'm a cat person myself. They're more self-sufficient."
