ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: FS 83-2010
DATE: 2012-01-13

B E T W E E N:

Christopher Neil Demone

Self-represented

Applicant

• and -

Tracey Lynn Cribbs

Paul A. MacLeod, for the Respondent

Respondent

HEARD at Cayuga, Ontario: December 1, 2011

The Honourable Mr. Justice B. H. Matheson

ENDORSEMENT

1This is a claim brought by the Respondent for relief from an overpayment by the Respondent to the Applicant, and for child support for the daughter, Jordan.

2There was a final order made by Justice Fedak on October 31, 2008. That order was terminated by an order of Justice Henderson dated February 8, 2011.

3There was an overpayment for child support for the children of the marriage, namely, Adrian Aster Cribbs, born May 5, 1990, and Jordan Jonquil Cribbs, born April 3, 1986.

4Adrian has not been a dependent for the period of time covered by this order.

5This overpayment was acknowledged by the Applicant when the Applicant paid the sum of $3,000 to the Respondent on July 15, 2011. The amount of the overpayment was $3,136. Thus, there is the sum of $136 plus interest on the original amount of the overpayment, which is fixed at $418.13 from the date of Justice Fedak’s order until the payment.

6The income of the Applicant for the year 2008 was $48,600. For the year 2009 it was $50,681 and for 2010 it was $40,843.

7The daughter, Jordan Demone, is in the care of the Respondent when she is not attending university in Montreal.

8The Respondent is asking for the following child support for Jordan:

− November 1, 2008 to April 1, 2009, the sum of $2,694

− May 1, 2009 until June 1, 2010, the sum of $2,469

− July 1, 2010 until June 1, 2011, the sum of $2,802

− July 1, 2011 until December 1, 2011, the sum of $1,125

− December 1, 2011 until June 1, 2012, the sum of $187.50 a month based on the Applicant’s income for the year 2010 of $40,843

9This amounts to 50% of the amounts that could have been awarded under the Child Support Guidelines . There will be no claim by the Respondent for post- secondary expenses for Jordan.

10These are the amounts that the Respondent is seeking. I see no reason for not making such an order.

11With respect to costs, the Respondent is asking for $3,500 for the issue of the overpayment and the delay in receiving the bulk of the payment, and is asking for $4,000 for the rest of the application.

12I am making an order as follows:

(i) The balance of the overpayment that is still outstanding of $136 plus interest on the full amount until payment of $418.13;

(ii) The amounts set out in paragraph 8 above;

(iii) Costs (which include the overpayment amount) are fixed at $5,000 inclusive of HST and disbursements.

13These payments shall be paid within 60 days of the release of this order.

Matheson, J.