SUPERIOR COURT OF JUSTICE – ONTARIO
COURT FILE NO.: FS-03-49378-01
DATE: 2013-04-18
RE: Sandra Dee Perl and Otto J. Perl
BEFORE: The Honourable Justice Kofi Barnes
COUNSEL:
Sandra Dee Perl, on her own behalf
A. John Hodgins, for the Respondents (moving party)
E N D O R S E M E N T
Upon reading the Affidavits of the parties and considering their submissions:
FACTS
[1] The respondent (moving party) were married on April 26, 1986 and separated on April 26, 2003.
[2] There were two children of the marriage Otto Christopher Perl, born June 4, 1990 and Jaclyn Kanela Perl, born December 16, 1992.
[3] In June 2004, the parties, with the assistance of their lawyers entered into a separation agreement. In accordance with this agreement, Mr. Justice Murray issued an order dated September 21, 2005.
OTTO CHRISTOPHER PERL
[4] Otto Christopher Perl has resided with the respondent since the separation. In January, 2009, he completed high school. In June 2009 he entered the military. This Court finds that in June 2009, Otto Christopher Perl became a non-dependent child and thus was not entitled to child support.
CHILD SUPPORT FOR JACLYN PERL
[5] Paragraph 26(a) of Murray J’s order states: “The parties agree that the quantum of child support payable maybe subject to adjustment at the instance of either party while the child is away from home to attend an educational institution to recognize the reduced costs resulting there from”.
[6] If an adult child wishes to continue to receive or to be the beneficiary of child support she must provide all necessary information to enable her parents to accurately assess and understand their financial obligations.
[7] The Respondent’s tax return for 2011 indicates an income of $98,326.51, based on the Table amount, the Respondent shall pay $863.00 per month to the Applicant subject to the following conditions:
(a) The child, Jaclyn Perl, is not enrolled in and attending a post secondary institution full time;
(b) The child, Jaclyn Perl, is resident with the Applicant;
(c) By December 31, of each preceeding year, the adult child, Jaclyn Perl, shall provide to the Applicant and Respondent a statement signed by her indicating:
a. The nature of her educational plans for the upcoming year and whether she will be attending post secondary education full time or part time;
b. The time periods when she will be resident with the Applicant and when she would not be i.e. specifically whether she will be resident with the Applicant during her studies or whether she would not be residing with the Applicant during that time period;
c. Whether she intends to work and if she has secured employment;
d. If she will be receiving other additional revenue to pay for her education e.g. employment, bursaries, grants etc.; and
e. Jaclyn Perl shall provide to the Respondent and Applicant particulars of applications for loans/bursaries/grants/scholarships and financial awards.
[8] For the time periods when Jaclyn Perl is attending school full time and is not resident with the Applicant, the Respondent shall pay $0.00 in child support.
[9] The Respondent shall not unilaterally cease or vary child support as described without an order of this Court.
CHILD SUPPORT: 2011 and 2012
[10] The parties dispute the quantum of child support, for Jaclyn Perl, payable by the Respondent. The main area of dispute is a disagreement over time periods when Jaclyn Perl may have been or was not resident with Applicant during the time of her full time studies.
[11] The resolution of this issue is adjourned prior to or until June 30, 2013, for Jaclyn Perl to file an affidavit providing the following information:
(a) Identify the periods of time in 2011 and 2012 when she resided with the Applicant while attending Post secondary education; and
(b) Jaclyn Perl’s Notices of Assessment or Income Tax returns for 2011 and 2012.
[12] This information shall be provided to the parties by May 30, 2013.
SECTION 7 EXPENSES
[13] It is not unreasonable to expect an adult child to make a reasonable contribution towards her educational expenses.
[14] Jaclyn Perl intends to obtain a Certified Public Accountant designation. Her stated plan is to complete her undergraduate degree in accounting in December 2014 and to pursue a Masters in Accounting Degree from January 2015 to August 2015.
[15] As part of her undergraduate studies Jaclyn Perl participates in COOP programs where she is paid an income. Therefore, once the family RESP is depleted, Jaclyn Perl shall be responsible for ¼th of the costs associated with her post-secondary education. Paragraph 38 of Murray J’s order is varied by adding a Paragraph 38(a) as follows:
“Once the family RESP is depleted, the Applicant and the Respondent will each use their best efforts to contribute, in ratio to their incomes from all sources, towards ¾th of such of the costs of Jaclyn Perl’s education (which costs include, tuition, supplies, equipments and other incidental expenses) as Jaclyn Perl cannot afford. Jaclyn Perl will make a financial contribution of ¼th towards these costs. Jaclyn Perl’s contribution shall commence once the family RESP set up to pay for Jaclyn Perl’s education is depleted.”
[16] At least 14 days prior to the school year for which, Jaclyn Perl expects to receive financial contribution from the Respondent and Applicant toward her education, Jaclyn Perl shall provide the Applicant and Respondent with a budget detailing her estimated expenses for the upcoming school year and her sources of income to pay for ¼th of those expenses.
[17] Jaclyn Perl shall also provide to the Applicant and Respondent her Income Tax Returns and Notices of Assessment for the year preceeding each year she expects her parents to contribute to her educational expenses as per this order.
[18] The issues of the exact quantum of the Respondent’s support arrears and his contributions to section 7 expenses are adjourned to a date prior to June 30, 2013 for Jaclyn Perl to comply with the production order made by this Court.
[19] FRO shall commence no arrears collection proceedings prior to June 30, 2013.
[20] A recommendation for the appointment of a case management judge shall be made.
[21] Parties must be prepared to make submissions on the issue of costs before motions judge.
[22] All other components of Murray J’s order remain.
[23] Order made by Daley J. on October 16, 2012 remains unchanged.
Barnes J.
DATE: April 18, 2013
COURT FILE NO.: FS-03-49378-01
DATE: 2013-04-18
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Sandra Dee Perl and Otto J. Perl
BEFORE: The Honourable Justice Kofi Barnes
COUNSEL:
Sandra Dee Perl, on her own behalf
A. John Hodgins, for the Respondents (moving party)
ENDORSEMENT
Barnes J.
DATE: April 18, 2013