Court File and Parties

Court File No.: Brampton 1955/07 Date: 2012-04-02 Ontario Court of Justice

Between: Sherry Lee Hodder, Applicant

— And —

Darrel Milton Hodder, Respondent

Before: Justice J.C. Baldock

Heard on: February 14, 15 and 16, 2012

Reasons for Judgment (Child Support & Section 7 Expenses) Released on April 2, 2012

Counsel:

• Mr. R.A. Fernandez, for the applicant
• Mr. Darrel Milton Hodder, on his own behalf
• Ms. Faryal Rashid, for the Office of the Children's Lawyer, legal representative for the children

Judgment

BALDOCK, J.:

[1] Having rendered judgment on the issues of mobility and access (decision released March 1, 2012), I now address the remaining issues being child support and contribution to s.7 expenses.

[2] Counsel for the applicant mother also requested that I address the rights of the parties with respect to authority for the children's vacation travel and passports, which was not included in my order of March 1, 2012, although the basis for my decision as set out below is found in the reasons for judgment.

[3] As to financial issues, the current order is that of Justice Maresca, dated January 23, 2009, which requires the respondent to pay the sum of $798.00 per month basic support and 62 percent of daycare costs for a further $294.00 per month, based on his income of $53,000.00.

[4] On reviewing the documents now provided, I find as follows:

Year	Respondent Income	Applicant Income	Guideline Support	s.7 Percentage	s.7 Amount Payable
2009	$43,173.00	$34,237.00	$653.00	55.8%	$294.00
2010	$52,239.00	$33,995.00	$786.00	60.6%	$318.00
2011	$40,514.00	$35,313.00	$610.00	53.4%	$297.00
2012	$52,000.00	$35,293.00	$783.00	59.6%	$168.00*

*Based on net amount, after deducting tax benefit to applicant (Support Mate Calculation). **For January 1, 2012 to June 30, 2012 only.

[5] As the 2009 order was based on Minutes of Settlement, I decline to grant any variation for that year. The respondent's income increased slightly in 2010 and that of the applicant was marginally lower. I do not find such change to be sufficiently significant to warrant a variation for that year either.

[6] However, in 2011, the respondent encountered some mental health issues which limited his ability to work and thus reduced his income. He is entitled to a reduction for that year.

[7] The respondent's current income is $52,000.00 on an annualized basis.

[8] The applicant will incur daycare costs until the end of June, 2012. She does not anticipate any daycare expenses once she has relocated to Newfoundland in July 2012. She asks only for a nominal sum to cover a share of extracurricular activities (as yet undetermined).

[9] In determining what child support should be paid from and after July 2012, the court must consider the significant costs the respondent will incur in exercising access, such as travel, accommodation, and long distance telephone calls.

[10] I find that a modest reduction in the base amount of child support should be applied.

[11] Accordingly, I make the following order:

Order

1. The applicant mother has the right to travel with the children, Mackenzie Vivian Hodder, born October 25, 2002, and Mallory Jessica Hodder, born January 2, 2006, outside Canada for vacation purposes, not exceeding 21 days, without the consent of the respondent father provided that, for any trips of eight days or more, the applicant shall:

(a) notify the respondent at least 14 days in advance;

(b) provide the respondent with a telephone number where he can contact the children;

(c) provide the respondent with a travel itinerary to include destination, dates and method of travel.

For travel of seven days or less no such notification is required.

2. The applicant mother may obtain, retain and renew passports for the children without the consent of the respondent father.

3. If there is agreement between the parties for the respondent to travel outside Canada with the children, the applicant shall release the children's passports to the respondent, who shall return them promptly to the applicant at the conclusion of the trip.

4. The child support provisions contained in the order of Justice Maresca dated January 23, 2009 are hereby varied, as follows:

(a) commencing effective January 1, 2011 the respondent shall pay for the support of two children the sum of $610.00 per month, based on an income of $40,514.00 per year;

(b) commencing effective January 1, 2011, the respondent shall pay as his (53.4%) contribution to s.7 (daycare) expenses, the further sum of $297.00 per month;

(c) commencing effective January 1, 2012, the respondent shall pay the sum of $783.00 per month support for two children, based on an income of $52,000.00 per year;

(d) commencing effective January 1, 2012, the respondent shall pay as his (59.6%) contribution to s.7 (daycare) expenses, the further sum of $168.00 per month;

(e) commencing effective July 1, 2012, the respondent shall pay for the support of two children the sum of $600.00 per month. This is less than the Guideline table amount, having regard to the extra costs incurred by the respondent in exercising access;

(f) commencing effective July 1, 2012, the respondent shall pay the further sum of $35.00 per month being a nominal contribution to the costs anticipated for the children's extracurricular activities;

(g) this order is without prejudice to the right of the applicant to seek a higher contribution to reasonable s.7 expenses from the respondent at any future time but the respondent shall not be required to pay any additional amount without proof of the expense and his contribution shall, exclusive of post secondary education costs, be limited to 50 percent or $750.00 in any calendar year, whichever is greater.

[12] Each party may make brief written submissions with respect to costs within thirty days.

Released: April 2, 2012

Justice J.C. Baldock