SUPERIOR COURT OF JUSTICE – ONTARIO

FAMILY COURT

COURT FILE NO.: F1201/12
DATE: January 22, 2013

RE: Angie Claire Perrie, applicant

AND:

Brian Perrie, respondent

BEFORE: HENDERSON J.

COUNSEL:
Angie Claire Perrie in person

Brian Perrie in person

HEARD: January 18, 2013

ENDORSEMENT

[1]

Background

The applicant brings this motion to change the order of Vogelsang J. dated October 19, 2010. She seeks an adjustment of child support and s. 7 expenses.

2There are two children of the marriage: Ellie Sharon Perrie, born September 26, 2008, and Keegan Perrie, born February 24, 2005.

3On October 19, 2010, Vogelsang J. ordered in brief as follows:

a) The respondent was to pay child support in the amount of $1,038 per month commencing September 17, 2010 based on the respondent’s income of $69,735.

b) In addition, the respondent was to pay $163 per month commencing September 17, 2010 for special expenses, being daycare. This was based on the parties’ prorated share of net daycare expenses.

c) Other s. 7 expenses were to be shared in proportion to income.

d) The parties were to exchange income tax returns and notices of assessment by May 15 of each year.

4Despite requests, the respondent failed to produce his income information as required by the order. The applicant, as a consequence, was compelled to commence these proceedings.

[5]

Analysis

Based on the commencement date of the support in the order, any adjustment in the absence of a specified date would be the anniversary date of the commencement of the support. This would be based on the previous year’s income. In 2010, the respondent earned $68,776. Therefore, for the period September 17, 2011 to August 17, 2012, the respondent was to pay child support in the amount of $1,024 per month. He paid $1,038 and is therefore owed $168 from the applicant.

6During 2011, the children’s s. 7 expenses, being daycare and camp, totalled $6,752. In 2010, the applicant earned $64,707 and so I will divide the s. 7 expenses equally. The respondent’s one-half share commencing September 17, 2011 is $281 per month. He has paid $163 per month. Therefore, the respondent owes the difference to August 17, 2012 in the amount of $1,416.

7The next support adjustment would be effective September 17, 2012. This would be based on the respondent’s 2011 income of $66,756. Support at that level according to the Child Support Guidelines, O. Reg. 391/97 [as amended] is $981 per month commencing September 17, 2012. He paid $1,038 per month and is therefore owed $684.

8In 2012, the applicant incurred s. 7 expenses totalling $5,470.22 covering daycare, camp and dental expenses. The applicant earned $62,540, so I will again divide s. 7 expenses equally. The respondent’s share is $228 per month commencing September 17, 2012. He has paid $163 per month. To January 17, 2013, he would therefore owe the applicant $325.

9The respondent testified he lost his job at Ford September 1, 2012 when the plant closed. Because he received a severance package of $100,000, he has incurred no material change in circumstances to vary his child support obligations at this time.

10The respondent raised the issue of caring for Ellie instead of paying for her daycare. I believe it is in the child’s best interest to continue in daycare. She has friends there and the social interaction assists her development. In any event, should the respondent obtain new employment, the applicant would be left trying to find a new daycare provider.

11In summary, the respondent owes the applicant the following amount:

$1,416

$315

$1,741

• $168

• $684

$889

Total s. 7 owed

Overpayment

Overpayment

[12]

Order

Therefore, the following order shall issue:

1. The order of Vogelsang J. dated October 19, 2010 shall be varied such that:

a) commencing September 17, 2012, the respondent shall pay child support to the applicant in the amount of $981 per month for the children, Ellie Sharon Perrie, born September 26, 2008, and Keegan Perrie, born February 24, 2005; and

b) the respondent shall pay to the applicant for the s. 7 expenses of the children $228 per month commencing September 17, 2012.

2. The respondent shall pay to the applicant the sum of $889.

3. The respondent shall pay to the applicant her costs of this proceeding in the amount of $1,000 within 60 days. These costs are incurred in respect of child support and will be enforced through the Family Responsibility Office.