COURT FILE NO.: FS-10-355917
DATE: 20140319
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
L.M.A.
Applicant
– and –
P.H.
Respondent
Irving I. Frisch, for the applicant
P.H., acting in person
HEARD: January 30, 31, February 3, 4, 5, 6 and 7, 2014
C. HORKINS J.
introduction
[1] The parties met in 2002 through Lavalife, an online dating service. At the time, the applicant wife lived in Colombia with her two year old child from a previous marriage. The respondent husband lived in Toronto. After corresponding on line and by telephone, the parties met in person in Panama City in December 2003. At this point, the applicant had moved back to Panama with her mother and child (“GA”).
[2] After the December 2003 visit, the parties continued to communicate. In June 2004, the respondent returned to Panama and the parties were married on June 24, 2004.
[3] After the wedding, the respondent returned to Toronto and commenced the process of sponsoring the applicant and GA to come to Canada. The applicant and child arrived in Canada as landed immigrants on August 27, 2007.
[4] On November 4 2009, the parties separated and the applicant commenced this application. The applicant seeks spousal and child support. Since April 2010, the respondent has been paying the applicant $1,250 a month for interim spousal support pursuant to a without prejudice consent order. He has not paid any child support. The applicant seeks child support effective November 4, 2009.
[5] The applicant’s claims for support raise the following issues:
Child support
• Is GA a child of the marriage?
• Did the respondent stand “in the place of a parent” for the child?
• Does the respondent owe child support and, if so, how much? Does he owe retroactive child support?
Spousal Support
• Is the applicant entitled to ongoing spousal support?
• If yes, what income if any should be imputed to the applicant?
• How much spousal support should be paid?
• For how long should spousal support continue to be paid?
[6] Both parties seek a divorce. It is granted on consent.
[7] In addition to the facts set out in this introduction, the facts as I find them are set out below.
the applicant’s background
[8] The applicant is 35 years old. She was born in Panama City where she lived and went to school. As a teenager, she moved to New York City and lived with her father for about 4 to 5 years. In 1989, she moved to Colombia where her mother was residing. The applicant finished high school in Colombia in 1996.
[9] In the applicant’s last year of high school, she fell from the fourth floor of a building and was in a coma for about a month. When she came out of the coma, she had memory problems and had to learn how to speak and walk again. Fortunately, she recovered enough to complete high school. However her memory deficit lingered for some time. The applicant was still taking medication for this head injury when she arrived in Canada.
[10] After high school, the applicant decided to pursue a career in law. She attended law school in Costa Rica for one year. The applicant found law school too hard. She quit and returned to Colombia where she began working as an English teacher.
[11] In Colombia the applicant married MG (GA’s biological father). After four months of marriage and while the applicant was pregnant with GA, the applicant left the marriage and returned to live with her family. During this very brief marriage, the applicant was often left alone in a small apartment without enough food. She became depressed. It was not a good situation. Her doctor told her that she needed a peaceful place to live. The applicant’s mother came and took her back to the family home. GA was born on […], 2000.
[12] After GA’s birth, the applicant went back to school for three years and obtained a diploma in English and Travel and Tourism. Her school records confirm that she did quite well in this program. Her average grade was 4.3 (with 5 being the highest available grade).
[13] When the applicant graduated she had to support herself and her son. She explained that her ability to speak English opened doors for her and she found a full time job teaching English at a high school. At night and on the weekends the applicant earned additional income tutoring students English. As well, the applicant worked for a company in Colombia called TLC. She was hired to translate from Spanish to English during meetings.
[14] In 2003, the “situation” in Colombia was not good. The applicant was working hard and not getting ahead in life. She decided to move back to Panama with her child and mother. The applicant hoped that she could find better employment opportunities in Panama.
[15] The applicant and her family returned to Panama in December 2003. She found a job teaching English at the YWCA and earned about $850 US a month. This job lasted for 1 or 2 years. It came to an end when the YWCA closed. It took the applicant several months to find a new job. She could not find a job teaching English.
[16] Sometime in 2005 or 2006, the applicant was hired by Dell to work in their call center. She was trained on the job for about three weeks and then started to work in the call center. The applicant found the call center job difficult because she had no experience with computers. After three months, her employment at Dell was terminated. The applicant could not find another job. She remained unemployed while living in Panama.
The respondent’s Background
[17] The respondent is 46 years old and has lived in Toronto for most of his adult life. He was born in Trenton, Ontario. His marriage to the applicant was his first.
[18] After high school, the respondent attended college and completed a course in electronics. He graduated in 1991 and taught himself how to work with computers. By 1994, the respondent was working in the field of computers providing technical support to various companies.
[19] From 2000 to 2002 work was slow. The respondent declared bankruptcy in January 2002. In late 2002, the respondent secured a contract with Toyota to provide technical support for an operating system. Since 2002, the respondent’s contract has been renewed on a regular basis. While the respondent is self-employed, his primary source of work since late 2002 has been Toyota.
(Decision continues exactly as in the original judgment with the remaining numbered paragraphs, analysis, legal framework, conclusions, and final orders.)
___________________________ C. Horkins J.
Released: March 19, 2014
COURT FILE NO.: FS-10-355917
DATE: 20140319
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
L.M.A.
Applicant
– and –
P.H.
Respondent
REASONS FOR JUDGMENT
C. Horkins J.
Released: March 19, 2014