Court File and Parties

Court File No.: 29308/07
Date: 2012-10-25
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: MARK WARNER, Applicant

AND:

JEWEL WARNER, Respondent

BEFORE: MURRAY J.

COUNSEL:
No one Present for the Applicant
Jewel Warner, Self-Represented

HEARD: October 24, 2012

ENDORSEMENT

[ 1 ] The respondent, Ms. Warner, has brought a motion in which she seeks relief which - in large part- ought to be determined after a trial. The applicant was not present on the return of this motion, although properly served.

[ 2 ] Notwithstanding non-compliance by the applicant with a number of orders of the court, no motion to strike the pleadings of the applicant has been advanced by the respondent. The court declined to hear the respondent’s motion with respect to equalization and distribution of proceeds of the sale of the house at this time. The court advised her that she should bring a motion for an order striking the pleadings of the applicant and for an uncontested trial.

[ 3 ] The parties were divorced in August 2008 after having separated in December of 2005. She has de facto custody of the two children, Mark Anthony Warner, date of birth December 9, 2003 and Matthew, date of birth April 3, 2006.

[ 4 ] The matrimonial home at 631 Trudeau Dr. in Milton, Ontario was sold on June 30, 2012 and the applicant’s sale proceeds in the approximate amount of $215,000 are currently held in trust.

[ 5 ] On October 11, 2007, the applicant and the respondent agreed to child support payments in the amount of $722 per month effective November 1, 2007. This was based on an annual income of $47,840 per year. Subsequent the execution of this agreement, the respondent received a copy of his 2007 income tax return showing a total income for 2007 of $54,504.02. This is the most recent income information that has been received by the respondent from the applicant. The applicant has not complied with the agreement to pay child support.

[ 6 ] The applicant owes significant child support arrears and an equalization payment. In addition, substantial section 7 payments remained unpaid. Furthermore, he has failed to comply with numerous court orders, including orders compelling financial disclosure.

[ 7 ] Part of the relief sought by the respondent on the motion before the court today was for an order for child support. Due to lack of compliance with disclosure requirements, the respondent has no updated information with respect to the income of the applicant. The best information she has is the 2007 tax return showing the applicant’s income for 2007 in the amount of $54,504.02. She is entitled to an order for child support. Based on the current Child Support Guidelines , and using the available but stale dated income information without assuming any increase for cost-of-living or an increase for any other reason, the applicant should be paying to the respondent child support in the amount of $809 per month.

Conclusion

[ 8 ] IT IS ORDERED THAT that the applicant Mark Warner shall pay child support in the amount of $809 per month to the respondent Jewel Warner for support of the two children of the marriage, Mark Anthony Warner, date of birth December 9, 2003 and Matthew Warner, date of birth April 3, 2006.

[ 9 ] Such child support payments in the amount of $809 per month shall commence on November 1, 2012 and on the first of each and every month thereafter until further order of this court.

[ 10 ] This order is made without prejudice to the respondent's right to claim increased spousal support both prospectively and retrospectively based on more current income information from the applicant.

[ 11 ] A copy of this order shall be sent by regular mail to the applicant at his stated mailing address of 16 Coin St., Brampton Ontario.

[ 12 ] Support Deduction Order to issue.

[ 13 ] A copy of this endorsement shall be sent by e-mail to the respondent at: Jewel.Warner@bell.net

MURRAY J.

Date: October 25, 2012