SUPERIOR COURT OF JUSTICE – ONTARIO
COURT FILE NO.: FS-04-005305-02
DATE: 20120813
RE: Yara Deni Schwabe v. Luis Fernando Schwabe
BEFORE: Fragomeni J.
COUNSEL:
Yara Deni Schwabe, on her own behalf
Luis Fernando Schwabe, on his own behalf
E N D O R S E M E N T
[ 1 ] On May 10, 2010, following a trial Justice Daley made the following order, in part:
The respondent shall pay to the applicant continuing spousal support at the rate of $1,000.00 per month for two more years ending May 1, 2012.
The respondent shall pay the sum of $2,120.72. This being the tuition for Ronit in the amount of $1,500.00 for the one semester in the fall of 2009, plus the two shortfall amounts of $300.00 and $320.72 for the school years 2007, 2008, and 2009 respectively.
The respondent shall pay $75.00 per month for Miriam’s gym expenses so long as she continues to obtain receipts and provide them to him, and as long as she is involved in gymnastics and enrolled in university.
The respondent shall pay his proportionate share of Miriam’s university tuition for 4.5 years commencing in September of 2009. The respondent shall pay his proportionate share in the sum of $9,273.00 with respect to Miriam’s university expenses for the fall semester in 2009, and his proportionate share of Miriam’s second semester expenses of $7,626.00.
The respondent may make payment of his share of the tuition, residence, and meal plan expense in respect of Miriam’s attendance at university directly to the university.
Based on the respondent’s income for the year 2009 in the sum of $114,812.00. In accordance with the Child Support Guidelines, the monthly child support table for two children, Ronit Schwabe (born August 4, 1987) and Miriam Schwabe (born May 19, 1991) would be $1,584.00. Thus the respondent shall pay child support to the end of May, 2010 at that rate and thereafter shall pay child support in favour of Miriam alone at the monthly rate of $992.00 while residing with the respondent in the summer, and at 50% of that amount, namely in the sum of $496.00 per month while she is attending and residing at university. This child support shall continue in favour of Miriam through to the completion of her undergraduate degree.
[ 2 ] Mr. Schwabe’s total income for 2010 was $127,358.00. Mrs. Schwabe’s income, including the spousal support, for 2010 was $61,657.12.
[ 3 ] In accordance with Justice Daley’s order, child support for Miriam is calculated as follows:
The full amount of the child support tables for the months that Miriam resides at home;
50% for the months that Miriam resides at University.
[ 4 ] Therefore, for 2010 support is calculated as follows:
$1,086.00 per month for the months of May, June, July and August;
$543.00 for the months September to April;
Total $8,688.00
[ 5 ] Mrs. Schwabe received $496.00 per month for 2011, totalling $5,952. As such, the arrears are $2,736.00.
[ 6 ] Further, with respect to the s. 7 expenses, relating to the university costs, Mrs. Schwabe calculates the arrears at $4,145.68. Mr. Schwabe concedes that he owes this amount.
[ 7 ] Mrs. Schwabe advises that the husband’s income for 2012 is $161,746. The table amount for one child is $1,349.92. This amount will be effective January 1, 2012.
[ 8 ] Justice Daley’s order sets out the formula that must be followed in calculating child support.
[ 9 ] Mr. Schwabe is to pay table child support for Miriam while residing with her mother in the summer and 50% of the table amount while she is attending university. This amount continues in favour of Miriam through the completion of her undergraduate degree.
[ 10 ] I do not agree with Mr. Schwabe’s position that he should only pay 50% of the table amount for the entire 12 month period. That is not what Justice Daley ordered. Miriam is required to sign a 12 month lease so she has that obligation for 12 months not 8 as suggested by Mr. Schwabe.
[ 11 ] Order to issue as follows:
That Mr. Schwabe pay to Mrs. Schwabe forthwith, arrears fixed in the total sum of $6,881.68;
That Mr. Schwabe pay child support for Miriam in accordance with Justice Daley’s order of May 10, 2010 as follows:
(a) $1,349.92 per month based on a gross annual income of $161,746.00 for the months of May, June, July and August, 2012;
(b) 50% of $1,349.92 for the months of January to April and September to December 2012;
(c) The parties shall contribute their proportionate share of the s. 7 expenses relating to the university expenses in accordance with their respective incomes.
- The parties shall file written submissions on costs within 10 days.
Fragomeni J.
DATE: August 13, 2012
COURT FILE NO.: FS-04-005305-02
DATE: 20120813
SUPERIOR COURT OF JUSTICE – ONTARIO RE: Yara Deni Schwabe v. Luis Fernando Schwabe BEFORE: Fragomeni J. COUNSEL: Yara Deni Schwabe, on her own behalf Luis Fernando Schwabe, on his own behalf ENDORSEMENT Fragomeni J.
DATE: August 13, 2012