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

[ 1 ] This 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.

[ 2 ] There 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.

[ 3 ] There 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.

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

[ 5 ] This 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.

[ 6 ] The 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.

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

[ 8 ] The 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

[ 9 ] This 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.

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

[ 11 ] With 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.

[ 12 ] I 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.

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

Matheson, J.

Released: January 13, 2012

COURT FILE NO.: FS 83-2010

DATE: 2012-01-13

ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: Christopher Neil Demone Applicant - and – Tracey Lynn Cribbs Respondent ENDORSEMENT Matheson, J.

Released: January 13, 2012