A once wildly popular actor and star of theMummy franchise, actor Brendan Fraser pleaded with a Connecticut court last
month to reduce his $900,000 per year alimony payment.
The star married his ex-wife, actress Afton Smith, in 1998 after a courtship
of five years, only to divorce one year later in 1999. The couple have
three children.
At the time that his divorce was initially settled in 2009, Fraser was
worth an estimated $45 million. However, since that time, the actor’s
earning power has plummeted considerably, and he has cited a number of
unspecified “medical issues” as the cause.
To make matters worse, Fraser has been engaged in protracted litigation
with producer Todd Moyer, who is suing him for an alleged assault that
took place last year, after Fraser filed a suit claiming that Moyer delayed
production on a film that the actor was supposed to star in.
As a result of these circumstances, Fraser has claimed that he is no longer
able to afford to support his ex-wife in the amount originally ordered
by the court.
In Ontario, either party may make an application to vary a
spousal support order under section 17(1)(a) of the
Divorce Act. However, in order for such a variation to be ordered, there must be a
change in the circumstances of either the payor or the recipient.
In particular, section 17(4.1) of the
Act provides:
“Before the court makes a variation order in respect of a spousal
support order, the court shall satisfy itself that a change in the condition,
means, needs or other circumstances of either former spouse has occurred…”
Clearly, in Fraser’s situation, his is a change in means and could
be considered by an Ontario court as a basis for reducing his child support
obligation if proven.