SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FS-10-4541-00
DATE: 20130405
RE: ROBERT STIRLING - and - JUDITH WILLRICH
BEFORE: Lemon J.
COUNSEL:
Robert Stirling, no one appearing
Judith Willrich, on her own behalf
HEARD: March 25, 2013
E N D O R S E M E N T
[1] In December, 2010, Ms. Willrich commenced her application to change the order of Justice Scott dated August 7, 2007. That order required her to pay child support of $211.00 per month based on an imputed income of $25,000.00.
[2] In her 2010 application, she sought an order changing child support to $142.00 per month based on her income of $18,108.00 in 2008. She also requested a variation of the child support for 2009 and 2010 to zero.
[3] The parties’ one child, Robert Colin Stirling, turned 18 on October 28, 2012.
[4] Because she was unaware of the documentation to file in support of her application and the correct timelines within which to do so, Ms. Willrich has also applied to extend the time to file her application to vary. I am satisfied that her affidavits confirm that those steps were not intentionally done to delay the matter.
[5] On October 4, 2012, Van Melle J. ordered that the matter proceed as an uncontested trial.
[6] From the file and from the evidence heard on March 25, Ms. Willrich’s income was as follows:
Year
Income
Applicable Child Support
2007
$16,111
$141.00
2008
$18,108
$157.00
2009
$10,559
$40.00
2010
$9,998.54
$28.00
2011
($21,071)
$0.00
2012
($10,476.34)
$0.00
[7] Ms. Willrich testified that after the order was made in 2007, she held a variety of jobs. She was fired from at least two of them as a result of FRO enforcement on her salary. For the last two years, she and her boyfriend have endeavoured to set up a new photography business. Her boyfriend pays for the losses. Her gross income for each of 2011 and 2012 is less than $8,000.00. I have no evidence to reject those figures.
[8] At the end of the hearing on March 25, 2013, I endorsed the record as follows:
For written reasons to follow, support is varied pursuant to the Child Support Guidelines for the years 2008 to 2012. Support is terminated effective October 28, 2012 for the child of the marriage as referred to in the order of Scott J. dated August 7, 2007.
[9] The following are my reasons:
[10] I am satisfied that, in these circumstances, and without input from Mr. Stirling, the child support should be varied. Justice Scott determined the support for 2007 and I am not prepared to vary that order. However, taking into consideration the Child Support Guidelines, Ms. Willrich’s change in income for the following years is a material change in circumstances. Commencing January 1, 2008, Ms. Willrich shall pay child support of $157.00 per month. Commencing January 1, 2009, the child support shall be reduced to $40.00 per month. Commencing January 1, 2010, the child support shall be reduced to $28.00 per month. Given Ms. Willrich’s income in 2011 and 2012, there will be no child support payable for those years.
[11] Although Ms. Willrich’s application, as served, only requested a change to the support to the end of 2010, that request was that support be reduced to zero for the years 2009 and 2010. If Mr. Stirling wished to dispute that request, he had ample time to do so. I find it just to deal with the present support obligation rather than to send Ms. Willrich back for a further application.
[12] Without further evidence from Mr. Stirling, it appears that the child is no longer a dependent and therefore child support will end October 28, 2012.
[13] Ms. Willrich testified that she believed that she was in arrears but did not know by how much. Any arrears outstanding shall be recalculated by the Family Responsibility Office based on the above.
Lemon J.
DATE: April 5, 2013
COURT FILE NO.: FS-10-4541-00
DATE: 20130405
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: ROBERT STIRLING - and - JUDITH WILLRICH
BEFORE: Lemon J.
COUNSEL:
Robert Stirling, no one appearing
Judith Willrich, on her own behalf
ENDORSEMENT
Lemon J.
DATE: April 5, 2013