SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FC-10-2947
DATE: 2014/02/13
RE: Stephen Francis Galla (Applicant) v. Helga Elizabeth Galla (Respondent)
BEFORE: Mr. Justice Stanley J. Kershman
COUNSEL: The Applicant, self-represented
K. Kilongozi, for the Respondent
HEARD: February 3 - 8, 2014 at Ottawa
ENDORSEMENT
[1] During the trial the Respondent Wife withdrew her claim for spousal support.
[2] Oral reasons were given on February 8, 2014, and the following is a summary of the findings made by the Court on that date.
[3] The Court found that the matrimonial home at 2981 Leo Lane, Ottawa, Ontario was sold for fair market value based on its condition at the time.
[4] In closing submissions, the Applicant Husband acknowledged that the promissory note to Harold Byers was his sole responsibility. Accordingly, the Court finds that there will be an adjustment in favour of the Wife for monies paid on her behalf in relation to this promissory note.
[5] In relation to the Writ of Execution in favour of Surgenor National Leasing, the Court finds that the Wife is responsible for the whole of the Writ of Execution in the amount of $7,519.90.
[6] Pursuant to the Order of Justice Toscano-Roccamo dated October 24, 2012, this Court finds that the $18,301.53 paid for by the Husband as expenses of the matrimonial home is to be divided equally between the parties and is to be included in the final accounting of monies due and owing to each party.
[7] In relation to the $12,000 renovations made to the matrimonial home prior to the sale, this Court finds that the listing agreement between the Husband and the Wife to pay the Wife $12,000 out of the sale proceeds of the matrimonial home to cover the renovations is valid and the Wife should be paid and reimbursed for the $12,000.
[8] In relation to items thrown out at the matrimonial home, the Court finds that the Wife’s claim for re-imbursement in the amount of $1,500 is dismissed.
[9] The Court finds that the Husband is receiving a personal benefit for the use of restaurant food from Anthony’s in Pembroke, Ontario. As such, the Court imputes additional income of $350 per month to the Husband for the years 2012 and 2013 thereby increasing his total yearly income by $4,200. As such, the Court imputes the Husband’s total income for 2012 at $32,400 and for 2013, at $35,400.
[10] The Court is aware that the Ontario Child Support Guidelines, O. Reg. 391/97, changed after December 2011.
[11] The Court finds that the child support payable by the Father for the children is as set out below based on the old and the new Guidelines:
Year
Income Including Imputed Income
Number of Children
Child Support per Month
Child Support per Year
Sept-Dec 2009
$9,892
2
$55. x 3
$165
Jan-Dec 2010
$36,953
2
$530 x 12
$6,360
Jan-Mar 2011
$42,715
2
$612 x 3
$1,836
Apr-Dec 2011
$42,715
1
$356 x 9
$3,204
Jan-Dec 2012
$32,400
1
$274 x 12
$3,288
Jan-Dec 2013
$35,400
1
$308 x 12
$3,696
Jan-Feb 2014
$35,400
1
$308 x 2
$616
Total
$19,165
[12] This Court finds that ongoing child support should be paid at the rate of $308 per month for one child, Paige Rose Galla, based on an income of $35,400 for the Father, which is to be paid through the Family Responsibility Office (“FRO”).
[13] This Court orders that the Husband is to provide the Wife with his income tax returns and Notices of Assessment by June 1st of each year and basic child support shall be adjusted on July 1st for the following 12 months.
[14] A statement shall be obtained from FRO to determine how much money for basic child support was paid through FRO and this amount shall be deducted from the $19,165 of child support arrears. Any arrears will be dealt with in the final accounting.
[15] This Court orders that based on the consent of the parties, the Section 7 expenses for the orthodontist for Paige Rose Galla are to be shared equally. Based on the evidence heard, this Court orders that the parties share future Section 7 expenses equally. All Section 7 expenses must be agreed to in writing by both parties prior to being incurred except for the aforesaid orthodontic treatment which has previously been approved.
[16] All amounts including those set out above and in the balance of the decision will be adjusted at a later date.
[17] The balance of the reserved decision will be provided at later date.
[18] Order accordingly.
Mr. Justice Stanley J. Kershman
Date: February 13, 2014
COURT FILE NO.: FC-10-2947
DATE: 2014/02/13
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Stephen Francis Galla, Applicant
AND
Helga Elizabeth Galla, Respondent
BEFORE: Mr. Justice Stanley J. Kershman
COUNSEL: The Applicant, self-represented
K. Kilongozi, for the Respondent
ENDORSEMENT
Kershman J.
Released: February 13, 2014