Endorsement
Court File No.: 44922-11
Date: 2012-01-12
Superior Court of Justice - Ontario
RE: Tri Dai Lam Applicant
AND:
Petra Hanzelkova-Lam Respondent
BEFORE: James W. Sloan
COUNSEL:
Counsel, for the Applicant - Self Represented
Counsel, for the Respondent - Raymond Wrubel
HEARD: January 11, 2012
Agreed Terms
1At the commencement of the motion both parties agreed that an order would go in terms of paragraphs 1, 2, 3, 4, 7, and 8 (except that the amount of insurance will be $200,000) of the Respondent’s Notice of Motion.
2The divorce shall be severed from the corollary relief and either party may proceed to obtain a final order for divorce.
3Since it is likely that the children would live with the Applicant in the event of the untimely death of the Respondent she shall also maintain $200,000 worth of life insurance payable to the Applicant on the same but reverse terms as set out in paragraph 8 of the Respondent’s Notice of Motion.
Income of the Applicant
4The remaining issue for me to decide is what the income of the Applicant is for child support purposes.
5The Applicant’s evidence on this matter is lacking.
6He has a College diploma in accounting. He does accounting/booking work and sells accounting software.
7In 2008 he earned $43,350 from employment and $30,330 gross with a net of $5,262 from business.
8In 2009 he shows gross earnings of $63,577 with net earnings of $13,421 and paid $2,400 into his RRSP.
9In 2010 he shows gross business income of $43,389 and net earnings of $14,443 and a RRSP contribution of $2,400.
10There is almost no evidence before me to allow me to assess whether his claimed business deductions are appropriate.
11I would not allow any of his home office deductions for child support purposes.
12The remaining deductions with the possible exception of purchases of what I assume is accounting software seem unreasonably high given the net income shown on the tax returns.
13In addition no material is before me to show why the expenses were necessary in the amounts set out on the tax returns.
14In 2010 the Applicant deposited $46,334 into the joint bank account.
15In 2010 the Applicant spent 3 weeks in Vietnam and in 2011 he spent 2.5 months in Vietnam. The Applicant claims that he borrowed the money to go to Vietnam but there is no material before me to show how the trips were financed.
16Based on all of the evidence before me I am imputing income to the Applicant for the purposes of child support in the amount $60,000 per year.
17Since there are 4 children this would translate into monthly support payments of $1,382 per month.
18The parties have agreed that child support should have started on January 1, 2011 and since the Applicant has been paying $271/mouth there are child support arrears of [($1,382 -$271) x12] = $13,332 as of December 13, 2011.
Section 7 Expenses
19The respondent claims there are extracurricular expenses of $7,300 of which $6,000 is spent on the oldest child’s dance.
20While this spending is disproportionally large with respect to one child that is not for the court to determine but there are finite funds in this family and I would cap the extracurricular expenses that the Applicant is obligated to contribute to at $6,000 per year.
21Based on the respondent’s earnings of $67,265 the applicant shall pay 47% of the first $6,000/year of extracurricular expenses for the children.
22In addition the Applicant shall pay 47% of all other appropriate Section 7 expenses one of which I understand is an approximately $2,000 orthodontic expense.
23The parties shall exchange tax returns each year by June 1 and their Notices of Assessment within two weeks of its receipt. At the request of either party all other appropriate accounting documentation needed to verify the figures on either parties tax return shall be produced with 14 days.
Costs
24The Respondent shall have her costs of this motion. If the parties are unable to agree on the costs the Respondent shall forward her brief submission on costs by January 25, the applicant shall forward his response by February 3 and the Applicant shall forward her reply if any by February 1, 2012.
James W. Sloan
Date: January 12, 2012