Court File and Parties
Court File No.: F0-13-000048-000 Date: 2014-07-08 Ontario Court of Justice
Between: Melanie Lynne Michelle Schofield Applicant
ā And ā
Daniel Benjamin Howard Respondent
Before: Justice P.T. Bishop
Heard on: May 28, 2014 and June 3, 2014
Reasons for Judgment released on: July 8, 2014
Counsel:
- Mark Van Walleghem for the applicant(s)
- Beth Allison White for the respondent(s)
BISHOP J.:
Introduction
- The matter comes before me by way of an application by the mother for custody and support for the child Ryker Christian Howard DOB December 4, 2012 and the father seeks custody/access and a quantification of child support.
Background
On October 16, 2013 a temporary order was issued as follows:
The Respondent Daniel Benjamin Howard shall pay child support for the child Ryker Christian Howard, born December 4, 2012, to the Applicant in the amount of $211.00 per month commencing November 1, 2013 and continuing on the first day of each month thereafter.
A Support Deduction Order shall issue.
The income of the Respondent is $25,000.00 per annum and the Guideline amount of support for that income is $211.00 per month.
Unless the Support Order is withdrawn from the Director's Office, it shall be enforced by the Director and the amounts owing under the Support Order shall be paid to the Director, who shall pay them to the person to whom they are owed. Payments are to be made to: Director, Family Responsibility Office, P.O. Box 2204, Station P, Toronto, Ontario M5S 3E9.
The application is adjourned to October 29, 2013 at 3:00 p.m. to address access at a further case conference.
On May 28, 2014 the parties resolved the issues of custody, primary care and access as follows:
The Applicant, Melanie Schofield, and the Respondent, Daniel Howard, are the biological parents of the child, Ryker Christian Howard, born December 4, 2012.
Melanie Schofield and Daniel Howard shall have joint custody of Ryker. Ryker shall reside in the primary care of Melanie Schofield. The parties shall confer on all important decisions involving Ryker however; Melanie Schofield shall have final decision making authority with respect to Ryker's education.
Each party shall keep the other advised as to all educational, medical, religious, social or recreational personnel or agencies involved in Ryker's life. Each party shall be entitled to communicate directly with and obtain information directly from all such personnel and agencies.
Melanie Schofield shall reside with Ryker in Sioux Lookout, Ontario. Should Melanie Schofield choose to move with the child to Thunder Bay, Ontario, to pursue further education, Daniel Howard shall not object. Any further change of residency shall require the prior written consent of Daniel Howard or further order of the court.
This residency restriction shall not hinder either party from travelling with Ryker outside of Sioux Lookout or Thunder Bay during his/her parenting time. Each party shall keep the other informed of his/her itinerary and contact information during times of travel.
Daniel Howard shall have reasonable access to Ryker upon reasonable notice to Melanie Schofield, in addition to specified access as follows:
a. Every second weekend from Friday at 5:00 p.m. until Sunday at 3:00 p.m.
b. Until Ryker is old enough to attend Junior Kindergarten:
i. Summer: In addition to regularly scheduled access, Ryker shall be in the care of Daniel Howard for one uninterrupted week in each of July and August. In the absence of any other agreement, the week shall run from Friday at 5:00 p.m. to the following Friday at 5:00 p.m., including the regularly scheduled weekend. Daniel Howard shall advise Melanie Schofield of his preferred weeks by May 1 of each year.
ii. Christmas: In addition to regularly scheduled access, in even numbered years, Ryker shall be in the care of Daniel Howard for one uninterrupted week that includes Christmas Eve and Christmas day. In odd numbered years, Ryker shall be in the care of Daniel Howard for one uninterrupted week that includes Boxing Day.
iii. If Father's Day does not fall on a regularly scheduled access weekend, Ryker shall spend from 10:00 a.m. to 3:00 p.m. in the care of Daniel Howard.
c. Once Ryker is old enough to attend Junior Kindergarten, all holidays shall be shared on an equal basis.
It is anticipated that periods of specified access may vary according to Daniel Howard's work schedule. Variations to specified access require the agreement of both parties. Variations to specific access shall not result in a decrease in access time. It is anticipated that access will increase as Ryker becomes older.
The parties shall communicate in parenting notebook pertinent information regarding Ryker's current health, behaviour and activities. The notebook shall travel with Ryker at exchanges.
The issues of retroactive and ongoing child support shall be resolved at trial.
Evidence of Melanie Lynne Schofield
Ms. Schofield is 23 years of age and the mother of the child. The respondent is the father of the child.
The parties had a relationship and separated in May of 2013. At first the mother and child lived with the applicant's mother and later she moved into her own residence with the child.
The father has paid $922.00 in support after separation and at conclusion of the trial he is $766.00 in arrears for those child support payments.
The father has worked various jobs at local businesses in Dryden and Sioux Lookout, but he does not last long in those positions.
The father has told the mother that he gets laid off as businesses were downsizing, but advertisements would appear almost immediately after his termination for the same position.
The mother works at the Sioux Lookout Chicken Chef and earns approximately $12,618.00 per annum. She also receives tips of up to $150.00 per month.
The father requested paternity testing after a dispute wherein the mother stated that she wished the child wasn't his.
She has offered to allow the father to take care of the child on several occasions, but has enrolled the child in daycare for continuity, consistency and social development with other children.
The mother has produced receipts showing childcare expenses of between $300.00 and $400.00 per month.
Evidence of Daniel Benjamin Howard
Mr. Howard lost his job in December of 2013 and is presently receiving Ontario Works in the amount of $630.00 per month.
He decided that paternity testing should be done forthwith to address that issue and his responsibility to pay support. It was found on a balance of probability that it was 99.99% certain that he was the father of the child and he accepts that finding.
In 2013 he earned approximately $23,000 per annum but presently is not employed and has taken a course to become a diamond driller.
He states that he is looking for work and his parents paid for the paternity testing and his father paid for the diamond drilling course in the approximate amount of $1,500.
He has made various job applications in the Sioux Lookout/Dryden area for work, but has not been successful. He admitted that after he finished working at McDonald's in Dryden he did not apply to A and W, Extra Foods, Kentucky Fried Chicken and his employment insurance was denied because he was not looking hard enough for work.
He stated that he has another individual living at his home that pays between $300.00 and $500.00 per month depending upon how much the utilities the tenant uses. No receipts or validation were submitted for those expenses.
Decision
I am finding that the respondent has the ability to earn at least $23,000.00 per annum and I impute that income to him. He owes $766.00 in arrears from the order of October 16, 2013.
Taking into account the access and time spent with the child I am ordering that the respondent shall pay his share of extraordinary childcare expenses at the rate of 43% and have fixed those arrears at $200.00 for 2013 and $900.00 for 2014 totalling $1,100.00.
With respect to the father caring for the child while the mother is working, the father has not demonstrated a responsibility to seek and maintain employment and the inference is that he is doing so to avoid paying child support.
(i) Therefore, an order will issue with respect to child support. The Respondent shall pay the Applicant $195.00 per month commencing on June 1, 2014 and payable on the first day of each month thereafter. The table amount for one child is $195.00 per month.
(ii) Commencing June 1, 2014, he shall pay $50.00 per month on the child support arrears until they are satisfied and shall also pay $50.00 per month on the extraordinary expense arrears for a total of $100.00 per month until they are satisfied.
(iii) Commencing June 1, 2014 and on the first day of each month thereafter he shall pay extraordinary expenses fixed at $100.00 per month.
A support deduction order shall issue.
All child support payments shall be payable to the Director of the Family Responsibility Office who shall pay them to the person to whom they are owed.
A post judgement interest clause shall be inserted.
If costs are an issue I will be spoken to.
Released: July 8, 2014
Signed: "Justice P.T. Bishop"