SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FS-01-2700
DATE: 2012-07-10
RE: SHEVCHUK v. SHEVCHUK
BEFORE: JUSTICE VAN MELLE
COUNSEL: Both parties appearing in person
MOTION HEARD: July 9, 2012
E N D O R S E M E N T
[ 1 ] This is a motion to deal with retroactive and ongoing child support and s. 7 expenses. The Respondent acknowledges that he owes some retroactive support based on the difference between his actual earnings and the Court Order of Clarke, J. dated January 15, 2002.
[ 2 ] In 2009 the Respondent’s income was $68,280.00. He paid $888.00 per month when he should have paid $909.00. The difference is $252.00.
[ 3 ] In 2010 the Respondent’s income was $73,297.00. He should have paid $961.00 per month and therefore owes $876.00.
[ 4 ] In 2011 the Respondent’s income was $74,234.00 and he should have paid $971.00 per month. He therefore owes $996.00.
[ 5 ] For 2012 the Respondent should pay child support based on his 2011 income, subject to adjustment when he knows what his 2012 actual income is. For 2012 he must pay child support based on the new Child Support tables which came into effect on December 31 st , 2011. His payment should have been $1,089. The difference to July 31 st is $1,407.00.
[ 6 ] Total arrears are therefore $3,531.00 which are payable at the rate of $200.00 per month until paid in full.
[ 7 ] The Respondent is to pay ongoing child support of $1,089.00 per month commencing August 1, 2012 .
[ 8 ] The child support is to be adjusted annually after the parties have exchanged Income Tax Returns and Notices of Assessment which I order them to exchange by May 1 st in each year.
[ 9 ] The Applicant is also claiming a contribution to section 7 expenses. She asks that the Respondent contribute 56% which he acknowledges is the correct percentage. She put together a list of the section 7 expenses incurred since January 1, 2007.
[ 10 ] The Respondent argues that the Order of Justice Clarke does not provide for section 7 expenses . The Order of Justice Clarke is interim in nature and there is no reason for the Respondent not to pay his share of the section 7 expenses.
[ 11 ] The issue regarding section 7 expenses is what is appropriately a section 7 expense and what is not.
[ 12 ] I have reviewed the Schedule and I find that the following expenses are appropriate:
a) Tutoring
$3,167.50
b) Ukrainian school
$4,610.00
c) School fee
$275.00
d) Medical expenses not covered by a medical plan
$184.69
e) Graduation trip
$800.00
f) School fee IB program
$410.00
g) School trip camp
$210.00
TOTAL:
$9,657.19
[ 13 ] The Respondent’s share of these expenses is $5,408.03.
[ 14 ] The other items claimed are not properly section 7 expenses. For example, uniforms are covered by regular child support payments. Airfare for vacation is a discretionary item and not a section 7 expense.
[ 15 ] The Respondent is to pay 56% of future section 7 expenses upon receiving evidence that the payments have been made.
[ 16 ] Future s. 7 expenses will include expenses for post-secondary education, including tuition and books. The Respondent’s contribution to residence costs will be covered by the regular child support payments that the Respondent has to make.
[ 17 ] The Applicant requested as well that the Respondent take the children into his full custody for two weeks per year so that she could take vacation without the children . She also asked that the Respondent attend counselling with both children to get professional guidance in resolving personal conflicts and emotional problems. Both of these requests are requests that are outside the jurisdiction of this court. Many non-custodial parents would be delighted to have two weeks with their children. Unfortunately a court cannot compel a parent to take his children for a two week stretch. Although counselling is always a good idea, a court cannot compel people to partake of counselling.
[ 18 ] In the result, an Order will issue that the Respondent pay to the Applicant:
Retroactive child support in the amount of $3,531.00, payable $200.00 per month until paid in full.
Ongoing child support of $1,089.00 per month commencing August 1, 2012.
Child support to be adjusted annually based on the Respondent’s income. Income Tax Returns and Notices of Assessment to be exchanged by May 1 st in each year.
Contribution to section 7 expenses in the amount of $5,408.03.
56% of all future section 7 expenses payable upon receipt of evidence that the payments have been incurred.
Van Melle J.
DATE: July 10, 2012