Court File and Parties
Ontario Court of Justice
Date: June 2, 2020
Court File No.: D57438/12
Between:
R.N. Applicant
— And —
C.S. Respondent
Before: Justice Melanie Sager
Heard on: March 2, 3, 4, and 5, 2020
Reasons for Judgment released: May 29, 2020
Amendment to order released: June 2, 2020
Counsel:
- Lauren Israel, counsel for the applicant(s)
- Rupa Murthi, counsel for the respondent(s)
Judgment
SAGER J.:
- The following is an amendment to my order made on May 29, 2020.
Orders
Custody and Access
The father's claim for an order granting him joint custody of N.N. is dismissed.
The father shall have week to week access to N.N., provided it is in accordance with his wishes, as follows:
(a) Alternate weekends from Friday after school until Monday return to school. When school is not in session, pick up and drop off shall take place at the mother's home and the parties shall agree on the time for pick up and drop off. If they cannot agree, pick up on Friday will be at 5:00 p.m. and drop off on Monday at 6:00 p.m.; and,
(b) Every Wednesday, or such other mid week evening the parties agree on, from after school until return to school on Thursday morning. If school is not in session, pick up and drop off time and location shall be as set out in subparagraph 305(a) above.
The parties shall cooperate to ensure that the father has access to N.N. during all school and statutory holidays, including overnight access.
The father shall keep the mother advised at all times of any obstacles he faces in relation to remaining sober. The father shall keep the mother advised at all times of any changes to his mental health and addiction issues for so long as N.N. is a minor.
The parties shall attempt to agree upon the form of communication they will use in relation to issues affecting the children. If they cannot agree, the mother will decide how they communicate.
The parties shall not discuss any aspect of this litigation with N.N. and will refrain from making any disparaging remarks about the other parent to or near N.N. They will not use N.N. to communicate messages to one another even in relation to arranging the father's access to N.N.
Child and Spousal Support
The order of October 25, 2019, requiring the father to pay the mother child and spousal support shall be varied as follows:
Commencing June 1, 2016 and up to and including December 1, 2016 the father shall pay the mother child support of $4001.00 per month for N.N. and D.N., based on his annual imputed income of $324,479.00 and the Child Support Guidelines. The father shall receive credit of $12,000.00 against this order, representing the $2000.00 the father paid the mother in child support per month for this period.
Commencing January 1, 2017 and up to and including November 1, 2017 the father shall pay the mother child support for D.N. and N.N. the amount of $4697.00 per month based on his annual imputed income of $385,538.00 and the Child Support Guidelines. The father shall receive credit of $22,000.00 against this order, representing the $2000.00 the father paid the mother in child support per month for this period.
The father shall pay the mother child support for D.N. and N.N. the amount of $4903.00 for the month of December 2017 based on his annual imputed income of $385,538.00 and the Child Support Guidelines. The father shall receive a credit against this order of $2000.00, being the amount of child support he paid the mother for this month.
Commencing January 1, 2018 and up to and including June 1, 2018, the father shall pay the mother child support of $5705.00 per month for D.N. and N.N. based on his annual imputed income of $452,306.00 and the Child Support Guidelines.
Commencing July 1, 2018 and up to and including July 1, 2019, the father shall pay the mother child support of $2394.00 based on the following factors:
(a) During this period N.N. lived primarily with the father;
(b) During this period D.N. spent equal time with the mother and father;
(c) The mother's annual income in 2018 was $71,000.00 and her monthly child support obligation for D.N. and N.N. pursuant to the Child Support Guidelines was $1082.00;
(d) The father's annual imputed income for 2018 is $452,306.00 and his child support obligation for D.N. based on a shared parenting arrangement was $3476.00; and,
(e) A set off of each parent's child support obligation for D.N. and N.N. is $2394.00 paid by father to mother.
Commencing August 1, 2019 and on the first of each month thereafter, the father shall pay the mother child support of $5705.00 per month for D.N. and N.N. based on his imputed annual income of $452,306.00 and the Child Support Guidelines.
The father shall receive a credit of $26,000.00 against this order, representing the $2000.00 the father paid the mother in child support per month for the period of July 2018 to July 2019.
The father's obligation to pay $500.00 per month to the mother as contribution towards the children's section 7 expenses as set out in the order of October 25, 2019, is terminated effective June 30, 2018. The mother shall advise the Family Responsibility Office of the amount paid to her directly by the father towards section 7 expenses between July 1, 2018 and the date of this order for which the father shall receive a credit against arrears of child support.
The father shall also receive a credit of $4800.00 against arrears of child support as this lump sum was paid by the father directly to the mother towards child support in 2017.
The father shall pay the mother the sum of $651.95 being his proportionate share (85%)[1] of the cost of dental expenses of $342.00 and psychologist fees of $425.00 for N.N. since August 2019. This calculation is based on the father's imputed annual income of $452,306.00, the mother's annual income of $77,000.00 (employment income and spousal support) and the total cost of the expenses being $767.00.
If the father paid 100% of the cost of D.N.'s 2018-2019 tuition fee, the mother shall pay the father the sum of $636.75, being her proportionate share of this expense. The amount owing by the mother to the father shall be set off against his arrears of child support. If the father did not pay 100% of D.N.'s 2018-2019 tuition fee and D.N. paid the difference, the amount of $636.75 shall be paid by the mother to D.N.
The parties shall share the cost of agreed upon section 7 expenses in proportion to income. Based on the father's current imputed annual income of $452,306.00 and the mother's annual income of $71,000.00 and $6000.00 in spousal support, the father shall be responsible for 85% of agreed upon section 7 expenses while the mother shall be responsible for 15%.
Commencing June 1, 2016 and up to and including December 1, 2016, the father shall pay the mother spousal support of $2800.00 per month. The mother shall immediately notify the Family Responsibility Office if the father paid spousal support pursuant to the October 25, 2019, during this period and if so, he shall receive a credit for such payment against this order.
Commencing January 1, 2017 and up to and including December 1, 2017, the father shall pay the mother spousal support of $2550.00. The mother shall immediately notify the Family Responsibility Office if the father paid spousal support pursuant to the order of October 25, 2019, during this period and if so, he shall receive a credit for such payment against this order.
Commencing January 1, 2018 and on the first of each month thereafter, the father shall pay the mother spousal support of $500.00 per month. The mother shall immediately notify the Family Responsibility Office if the father paid spousal support pursuant to the order of October 25, 2019, during this period and if so, he shall receive a credit for such payment against this order.
If either party is seeking an order for costs of the Motion to Change, they shall serve and file their cost submissions with a Bill of Costs on the other party within 20 days of the date of this endorsement. The cost submissions shall not be more than 7 pages long not including attachments. The responding party shall have 20 days to serve their response on the requesting party. The responding cost submissions shall not exceed 7 pages not including attachments.
The parties shall file their cost submissions with the trial coordinator.
Amendment Released: June 2, 2020
Signed: Justice Melanie Sager
Footnote
[1] The calculation attached entitled 'August 2019 to date based on 2018 income for two children as of July 2019'.