COURT FILE NO.: 03-FL-1423-1
DATE: 20120620
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
MARGOT GROSSMAN
Plaintiff
– and –
SIMON WALL
Defendant
Julie J. Gravelle, for the Applicant
Michele D. Blais, for the Respondent
HEARD: June 19, 2012
E N D O R S E M E N T
T.D. RAY, J
[1] The Respondent moves to vary the provisions of the February 28, 2006 Order of Cosgrove J. and to terminate spousal support and child support obligations since he has been let go from his employment with a government agency effective July 12, 2012. He will receive a severance of some $57,000.00.
[2] The 17 year marriage ended September 2, 1998, following negotiations and Minutes of Settlement which gave rise to Cosgrove J.’s Order of February, 2006. It provided for child support to Alison (now 23) in the amount of $695.00 per month, and spousal support of $1,865.00 per month. The Applicant has not worked since 1998 because of health issues. Her position is that she still cannot work although she has not complied with Master Roger’s Order of January 12, 2012 and provided copies of her returns. She claims she has not filed. The Applicant’s son, who is not the subject of the Order, is disabled and supported by government assistance. He lives with the Applicant.
[3] Alison (now 23) is attending the University of Ottawa for her fourth year, and believes she will have her final degree after 5.5 years. She graduated from high school in 2006 but took a year off. The Respondent paid child support of $695.00 from February 2006 through until the fall of 2011 when he terminated payments. The Applicant says she never sought an increase in child support because he paid her tuition and books up until the fall of 2011 on top of the child support.
[4] Alison’s income tax return for 2011 shows her Line 150 income at approximately $22,000.00 which included earnings from Holt Renfrew, a bursary and an income tax return. In September 2011, she obtained an apartment in Ottawa and moved from her mother’s home in Manotick.
[5] I am satisfied that Alison is no longer a child of the marriage and that, as of September 2011, the Respondent had no further child support obligations. She was independent and had withdrawn from parental care.
[6] By reason of the manner in which the parties dealt with child support – i.e. the Applicant refrained from seeking increased guideline support, and the Respondent voluntarily paid all of the Alison’s tuition and books, I don’t consider there to be any arrears of child support, nor of overpayment.
[7] The spousal support issue is more complicated. The parties are not divorced. If they become divorced, then it may be that any health or medical insurance will be unavailable. The Applicant says she can’t get insurance. I have no evidence as to what financial impact, if any, that may have. She has not complied with financial disclosure orders including her income tax returns and notices of assessment The Applicant had a $500,000.00 personal injury award, of which the remaining portion was excluded property at the time the parties settled their affairs in February, 2006. The disposition, current balance, and management of the fund is very murky. The Respondent commenced these proceedings when he was 53 (now 54). The Cosgrove Order recites that he intended to retire at age 55. However, while the Respondent claims to have unsuccessfully sought employment, the evidence is simply underwhelming. The severance allowance is designed to continue his income after July 12, 2012. This motion is premature and more evidence is required.
[8] The Respondent’s motion to vary spousal support is dismissed without prejudice to bring his motion back on with a better and more complete record. Similarly, a more complete record is necessary from the Applicant. In any case, the motion is to go to a settlement conference before coming back before the court for argument.
[9] If the parties cannot agree on costs, they may make submissions of 2 pages or less with 14 days, with 5 days for reply submissions.
Honourable Justice Timothy Ray
Released: June 20, 2012
COURT FILE NO.: 03-FL-1423-1
DATE: 20120620
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
BETWEEN:
MARGOT GROSSMAN
Applicant
– and –
SIMON WALL
Respondent
endorsement
Honourable Justice Timothy Ray
Released: June 20, 2012