SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FS3099/12
DATE: 2012/09/28
RE: Rina Leonardis-Cadotte, Applicant
and
Richard Cadotte, Respondent
BEFORE: The Honourable Mr. Justice Paul U. Rivard
COUNSEL: Shawn Hamilton, for the Applicant
Respondent, self-represented
E N D O R S E M E N T
[ 1 ] Mr. Cadotte moves to change a consent order dated May 31, 2012 which requires him to pay child support for the two children of the marriage at the rate of $500.00 per month. This support was based on a gross annual income of $34,400.00
[ 2 ] On May 18, 2012, before concluding the settlement which led to the granting of the Court Order on May 31, 2012, Mr. Cadotte’s employment with Stantec was terminated. As a result, when he signed the minutes of settlement, he had no income. Counsel for Mrs. Cadotte submits there has been no material change of circumstances which would warrant a variation of the existing order.
[ 3 ] Mr. Cadotte is currently receiving a disability pension from the Canada Pension Plan. This pension is in the amount of $637.80 per month.
[ 4 ] In addition, the Canada Pension Plan pays for each child the sum of $224.62 per month.
[ 5 ] While Mr. Cadotte did receive a significant equalization payment, I am persuaded that this money has been spent primarily to permit him to purchase alternate accommodation.
[ 6 ] He has made several trips to Russia since the separation but I don’t see that he now has the ability to pay the child support ordered. He tells the court some of the costs for these trips were paid with a credit card and he continues to be burdened with those debts.
[ 7 ] Mr. Cadotte submits that when he signed the consent to the Order dated May 31, 2012, he believed the Canada Pension Plan would pay to him the sum of $500.00 for the children’s support. He planned to turn this money over to his former spouse. Mr. Cadotte states he was mistaken about both the amount CPP would pay and the manner the money would be paid. Currently $224.62 is paid directly to the older child and $224.62 is paid to Mrs. Cadotte while the second child is a minor.
[ 8 ] I accept that Mr. Cadotte signed the consent to the order under the mistaken belief CPP would meet his support obligations.
[ 9 ] I also conclude there has been a material change of circumstances in that the sum of $224.62 now being paid for each child is something that didn’t exist when the consent was signed.
[ 10 ] I am not proposing here to set off Mr. Cadotte’s child support obligations with the CPP benefits for the children. I am simply recognizing that Mr. Cadotte has really very little ability, if any, to pay child support. His obligation to pay child support under the existing order was assumed by him as a result of his misunderstanding of the realities of the situation.
[ 11 ] Mr. Cadotte offers to make up the shortfall of the money paid by CPP compared to the support payable under the court order. In light of that offer, it is ordered that commencing October 1, 2012, Mr. Cadotte’s child support obligations will be reduced to $50.76 per month.
[ 12 ] There will be no costs of this motion.
The Honourable Mr. Justice Paul U. Rivard
DATE: October 1, 2012
COURT FILE NO.: FS3099/12
DATE: 2012/09/28
SUPERIOR COURT OF JUSTICE - ONTARIO RE: Rina Leonardis-Cadotte, Applicant and Richard Cadotte, Respondent BEFORE: The Honourable Mr. Justice Paul U. Rivard COUNSEL: Shawn Hamilton, for the Applicant, Respondent, self-represented ENDORSEMENT The Honourable Mr. Justice Paul U. Rivard
DATE: October 1, 2012