ONTARIO
SUPERIOR COURT OF JUSTICE
Court File No.: 266/13
Date: 20130828
Between:
FRANK DARRELL PARKES
The Applicant, on his own behalf
Applicant
- and -
MARGARET ALEX WILLIAMS
The Respondent, on her own behalf
Respondent
Heard: Written Hearing in Chambers
Trousdale J.
ENDORSEMENT ON MOTION
[1] This matter came before me pursuant to the Interjurisdictional Support Orders Act, 2002.
[2] The Support Variation Application was commenced by the Applicant who resides in Winnipeg, Manitoba, to vary child support for his twin sons who are now age 15, and who reside with their mother, the Respondent, in Kingston, Ontario.
[3] The Applicant seeks to vary the child support set out in the Separation Agreement made between the parties on November 26, 2004, which Separation Agreement was filed with the Ontario Court of Justice in Kenora, Ontario, in September, 2005. The Applicant wishes to vary the child support from $650.00 per month for the two children, to $200.00 per month for the two children, on the basis that to pay child support guideline amounts would cause him undue hardship because he has large debts arising from his marriage to the Respondent, and his expenses for visiting the children are high. The Applicant also asks that arrears of child support be set at $0.00 as of December 1, 2012.
[4] The Respondent disputes the Applicant’s application for the following reasons:
The Applicant never provided annual proof of his income pursuant to the Separation Agreement by May 10 in each year, even though the Respondent requested it.
Although the Support Variation Application was commenced by the Applicant on November 30, 2012, he provided no income information for 2011 or for 2012 to November 30, 2012.
The Applicant has made no payments at all since October, 2010.
The Applicant has not made any payment towards the children’s Section 7 expenses for a number of years.
The Applicant has made excessive claims for expenses regarding visitation to the children.
The arrears of child support as at November 1, 2011 are $20,615.66 and would have increased since then.
[5] In order to determine this variation application, further information is required:
A copy of the Applicant’s 2011 income tax return and Notice of Assessment.
A copy of the Applicant’s 2012 income tax return and Notice of Assessment.
An estimate of the Applicant’s income before taxes for 2013 to date, or a copy of the completed return for 2013, and Notice of Assessment if completed by the time the Applicant receives this request.
Information as to when the Applicant moved to Winnipeg, Manitoba from Kenora, and the reason for the move.
What job the Applicant had prior to the move. The Applicant states he lost his job in Kenora; any documentary proof of that to be provided.
What job the Applicant had on his move to Winnipeg and details re income and reasons for any job changes.
When the Applicant started his own business and why he decided to become self-employed.
Details of calculation of fuel expenses claimed by the Applicant for visitation to his sons from Kenora to Winnipeg.
Documentary proof of the date and cost of the flights for the children to fly from Ottawa to Winnipeg for access visits, since the children moved to Kingston, Ontario.
Information from the Applicant as to whether the Respondent requested the Applicant to produce annual information regarding his income pursuant to Section 5(b) of the Separation Agreement between the parties.
Information from the Applicant as to whether the Respondent requested the Applicant to contribute to the special and extraordinary expenses of the children as set out in the schedule attached hereto.
[6] This matter shall be adjourned to a further date to be set by the Trial Co-ordinator once the aforesaid information has been received and the Respondent has been given an opportunity to respond thereto.
Justice A.C. Trousdale
Released: August 28, 2013
COURT FILE NO.: 266/13
DATE: 20130828
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
FRANK DARRELL PARKES
Applicant
- and -
MARGARET ALEX WILLIAMS
Respondent
ENDORSEMENT ON MOTION
Trousdale J.
Released: August 28, 2013