COURT FILE NO.: F 106/05
DATE: 2012/05/17
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Gen Maria Menegaldo
Applicant
– and –
Adrian Mario Menegaldo
Respondent
Steven McCutcheon, counsel for the Applicant.
Gloria Nardi-Bell, counsel for the Respondent
ADDENDUM TO THE JUDGMENT DATED MAY 16, 2012
REVISED TERMS OF ORDER TO ISSUE
Paragraph [204] includes new paragraph 2 as follows:
The Respondent’s claim for a termination of spousal support payable to the Applicant is dismissed.
The Respondent’s claim for a reduction of spousal support payable to the Applicant is dismissed, and paragraph 14(c)(ii) of the Order dated October 24, 2007 (“the Order”) shall remain in full force and effect.
The Respondent’s claim for a termination of his obligation to pay child support for the child Christopher Lucas Menegaldo, born July 1, 1993 (“Christopher”) is dismissed.
Paragraph 14(c)(i) of the Order is changed by substituting that paragraph with the following terms and conditions effective January 1, 2008:
a. Commencing January 1, 2008 and continuing on the first day of each month that follows until December 31, 2008, the Respondent shall pay the Applicant child support for the children Michael Nicholas Menegaldo, born January 25, 1995 (“Michael”), and Christopher in the amount of $1,043.00 per month in accordance with the Tables under the Federal Child Support Guidelines (the “Guidelines”) based on the Respondent’s 2007 income of $70,045.00.
b. Commencing January 1, 2009 and continuing on the first day of each month that follows until December 31, 2009, the Respondent shall pay the Applicant child support for the children Michael and Christopher in the amount of $1,086.00 per month in accordance with the Tables under the Guidelines based on the Respondent’s 2008 income of $73,980.00.
c. Commencing January 1, 2010 and continuing on the first day of each month that follows until December 31, 2010, the Respondent shall pay the Applicant a set-off amount of child support in the amount of $555.00 per month in accordance with section 8 of the Guidelines, based on Christopher being in the Applicant’s full time care and Michael being in the Respondent’s full time care. This sum is based on the Respondent’s 2009 income of $77,755.00 and an imputed income of $16,935.00 for the Applicant.
d. Commencing January 1, 2011 and continuing on the first day of each month that follows until August 31, 2011, the Respondent shall pay the Applicant a set-off amount of child support in the amount of $500.00 per month, in accordance with section 8 of the Guidelines, based on Christopher being in the Applicant’s full time care and Michael being in the Respondent’s full time care. This sum is based on the Respondent’s 2010 income of $70,061.00 and an imputed income of $16,935.00 for the Applicant.
e. Commencing September 1, 2011 and continuing on the first day of each month that follows, the Respondent shall pay the Applicant child support for Christopher in the amount of $311.00 per month, broken down as follows:
i. The sum of $285.00 per month, which represents the Table amount for one child of $685.00 per month for a five month period, based on the Respondent’s income of $75,389.00 as calculated pursuant to section 17 of the Guidelines, and pro-rated over a twelve month period.
ii. The sum of $160.00 per month, which is the Respondent’s proportionate share of the Applicant’s cost of maintaining her residence as Christopher’s residence during the school year, pro-rated over a twelve month period.
iii. From the sums referred to in subparagraphs (i) and (ii) herein, the amount of $134.00 has been set-off as the amount of child support owed by the Applicant to the Respondent for the child Michael.
f. In the event that the re-calculation of child support required by the terms of this order results in any outstanding arrears of child support owing by the Respondent, those arrears shall be payable forthwith. Conversely, if the re-calculation results in an overpayment of child support paid by the Respondent, that overpayment shall be credited towards ongoing child support owed by the Respondent to the Applicant. If the overpayment has not been fully credited by the time the Respondent’s child support obligation terminates, the outstanding amount of the overpayment at the relevant time shall be applied towards ongoing spousal support.
g. The Respondent shall within ninety days from the date when this order is issued pay the sum of $6,760.67 towards the reduction of Christopher’s student loans, on account of his required contribution towards Christopher’s post-secondary education expenses for the 2011-2012 school year. The Applicant shall cooperate in providing the Respondent with any information which he requires in order to comply with this term.
h. The Respondent shall by August 15th at the latest each year commencing in 2012 and continuing until Christopher completes his first post-secondary program of education pay the applicable educational institution where Christopher is attending or plans to attend the amount of $6,760.67 towards Christopher’s post-secondary education expenses owed to the institution for the upcoming school year.
i. The Applicant shall by August 15, 2012 pay the educational institution where Christopher is attending or plans to attend for the 2012-2013 school year the amount of $492.00 towards Christopher’s post-secondary education expenses owed to the institution for the 2012-2013 school year.
j. The Applicant shall by August 15th at the latest each year commencing in 2013 and continuing until Christopher completes his first post-secondary program of education pay the applicable educational institution where Christopher is attending or plans to attend the amount of $1,484.00 towards Christopher’s post-secondary education expenses owed to the institution for the upcoming school year.
k. Child support for Christopher shall terminate upon the completion of his first post-secondary educational program or upon him ceasing to be enrolled and participating in a full time program of post-secondary education, whichever is earlier, unless either party initiates a Motion to Change Final Order within sixty days from the terminating event.
Paragraph 15 of the Order is changed to provide that any annual adjustments to the child support amounts shall be based on the Respondent’s average income over the immediately preceding three years.
Paragraph 17 of the Order is changed by substituting for that paragraph the following:
Paragraph 17:
a. The Applicant and the Respondent shall contribute to Michael’s section 7 expenses under the Guidelines on a proportionate-to-income basis, provided that except for emergency or necessary medical care, they shall give each other thirty (30) days notice of their intention to incur such expenses and they may, if necessary, seek relief from such expenditures. Based on the Respondent’s income of $75,389.00 as calculated pursuant to section 17 of the Guidelines and the Applicant’s imputed income of $16,935.00, the parties’ respective contributions to these expenses are 82% to the Respondent and 18% to the Applicant.
b. Pursuant to section 3(2) of the Guidelines, expenses relating to Christopher which fall within the definition of section 7 expenses under the Guidelines, other than post-secondary expenses, shall be apportioned as between Christopher, the Applicant and the Respondent as follows:
i. Christopher shall be responsible for 60% of the cost of the expenses.
ii. The balance of the cost of the expenses shall be shared between the parties on a proportionate-to-income basis, with the Respondent contributing 82% toward the cost and the Applicant contributing 18%.
c. The party seeking contribution to an expense referred to in subparagraphs (a) and (b) herein shall provide receipts relating to the expenses to the other party, and the other party shall pay their proportionate share to the requesting party within twenty one days of receiving the receipts.
The parties shall by July 1st each year exchange the income information referred to in section 21 of the Guidelines for the previous year as well as copies of their three most recent pay statements showing year to date income or other proof of year to date income.
The parties shall by August 15th and January 15th each year advise each other in writing about the status of the children’s educational studies, and shall provide each other with a summary of the children’s progress in school.
In the event that Christopher transfers any unused tax credits relating to his post-secondary education expenses for the 2011-2012 or subsequent school years to either party, that party shall be responsible for calculating any resulting tax savings to them and providing proof to the other party of the manner in which the tax savings was calculated. The party who claims the tax credits shall pay the other party a proportionate share of these tax savings by July 1st each year, with the proportion being 82% if the party being reimbursed is the Respondent and 18% if the party being reimbursed is the Applicant.
Unless the support order herein is withdrawn from the Office of the Director, Family Responsibility Office, it shall be enforced by the Director, and amounts owing under the order shall be paid to the Director, who shall pay them to the person to whom they are owed.
A Support Deduction Order shall issue.
If the parties require clarification or directions respecting any terms of this order, minor consent adjustments to the order arising out of calculation issues or consent changes to the mechanics of carrying out the order, they may contact the Trial Coordinator’s office and arrange a date before me to speak to the matter.
If either party wishes to pursue a claim for costs in connection with this matter, they shall serve and file written submissions, relevant case-law and a detailed Bill of Costs by June 29, 2012. Reply submissions shall be served and filed by July 13, 2012. If any party does not deliver written submissions, relevant case-law and a Bill of Costs by June 29, 2012, there shall be no order for costs in favour of that party.
The Honourable Madam Justice Chappel
Released: May 17, 2012.
COURT FILE NO.: F 106/05
DATE: 2012/05/17
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Gen Maria Menegaldo – Applicant
And
Adrian Mario Menegaldo - Respondent
addendum to the judgment
dated may 16th, 2012
The Honourable Madam Justice Chappel
Released: May 17, 2012