Court File and Parties
Court File No.: Brampton 1589/08 Date: 2012-02-10 Ontario Court of Justice
Between: Marika Ayton, Applicant — And — David Rhodd, Respondent
Before: Justice J.C. Baldock
Heard on: January 3, 2012
Reasons for Judgment released on: February 10, 2012
Representation:
- Marika Ayton ...................................................................................................... on her own behalf
- David Rhodd ......................................................................................................... on his own behalf
Judgment
BALDOCK J.:
[1] This Motion to Change is brought by the respondent.
[2] Issues relating to the respondent's access to the parties' child Jada Rhodd, born November 10, 2001, have been resolved by a final order made January 3, 2012. The remaining issue is that of child support.
[3] The existing order, granted by Justice Clark, on December 11, 2008 required the respondent to pay the sum of $550.00 per month based on an annual income of $58,000.00 plus $50.00 per month for s.7 expenses.
[4] The respondent's position is that his employment was terminated on December 3, 2010. Since that time he has been in receipt of Employment Insurance from which he derives an income of $21,600.00. He denies ever having been provided with proof of any expenses.
[5] The applicant holds the strong belief that the respondent has other sources of income from self employment.
[6] Various disclosure orders have been made and complied with.
[7] The respondent's financial statement clearly indicates expenses far beyond his disclosed income. It also shows significant credit card debt. The respondent is married. No evidence has been provided, nor was it requested, as to the extent of his wife's contribution to the household.
[8] On January 3, 2012 the applicant was invited to submit further evidence within 14 days to support her contention that the respondent has additional income.
[9] No such evidence was forthcoming.
[10] The matter therefore proceeds on the material already filed, which includes the respondent's bank statements, his Record of Employment, and Notices of Assessment.
[11] The respondent's evidence, which is not contradicted, is that his income is $21,600.00.
[12] Clearly there has been a change in circumstances and the respondent is entitled to a support variation.
[13] However, the respondent has an obligation to make reasonable efforts to obtain employment and generate income.
[14] For these reasons, I make the following order:
Order
1. Child support payable for the child Jade Rhodd, born November 10, 2001, pursuant to the order of December 11, 2008 is hereby varied.
2. The respondent shall pay for the support of the said child the sum of $180.00 per month for the period January 1, 2011 to December 30, 2011. Thereafter the payments shall be $166.00 per month, commencing January 1, 2012.
The foregoing is based on:
(a) The respondent's income from Employment Insurance of $21,600.00;
(b) The table amount for 2011; and
(c) The revised table amount effective 2012.
3. Arrears, if any, with respect to s.7 expenses are fixed at zero dollars ($0) as of today's date.
4. Henceforth, the parties shall each contribute 50 per cent of the cost of s.7 expenses for the child, subject to the following:
(a) The applicant shall provide the respondent with a receipt for all such expenses incurred on behalf of the child, including, but not limited to:
(i) extracurricular activities;
(ii) the uninsured portion of any drug, dental or vision care.
(b) The respondent shall reimburse the applicant his 50 percent share within 30 days of receiving proof of the expense.
(c) The respondent's responsibility to contribute to s.7 expenses is capped at $250.00 (for his 50 percent share) in any 12 month period.
5. The respondent shall take all reasonable steps to obtain employment and shall notify the applicant immediately upon doing so by providing details of his employer, job description, rate of pay and hours of work.
6. There shall be no order as to costs.
Released: February 10, 2012
Justice J.C. Baldock