SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 26/13

DATE: 2014-01-15

RE: Shelly Katrina Masini

AND: Jonathan James Nadeau

BEFORE: Mr Justice Ramsay

COUNSEL: both parties self-represented

HEARD: 2014-01-15

ENDORSEMENT

[1] The parties have settled all outstanding matters except child support. At present, the father is paying $373 a month based on an income of $25,000 pursuant to a temporary order made July 12, 2013.

[2] The Respondent father seeks suspension of child support due to temporary unemployment. The Applicant mother seeks an order for sharing of extraordinary expenses. She is receiving public assistance.

[3] The father has worked retail jobs. He has been without income since his EI benefits ran out last August. He is supported by his new partner, who receives ODSP. He is looking for work and given the lack of success in recent months he plans to try other fields of work, perhaps even pursuing an apprenticeship in a trade. He estimates that he should be earning money in “a couple of months.”

[4] The documentary evidence supports his factual assertions. I do not think that I can expect him to pay child support when he has no income and he is actively seeking employment. By ordering a temporary suspension within the time period estimated by the father, I will not be removing his incentive to work.

[5] As to extraordinary expenses, there is little specificity as to what amounts will be incurred and when. The mother cites a number of needs the child may have, but they are yet not known with much detail. There are things such as treatment for ADHD (once it is prescribed), school uniforms, extra-curricular activities, dental benefits and post-secondary education.

[6] Post-secondary education should be considered later, when the child is close to finishing high school.

[7] As to the other matters, I do not think that the expenses are affordable for this family, even once the father starts earning again, until his income increases substantially. In the mean time, I believe that for some of the expenses the mother will likely be eligible for assistance or subsidy.

[8] Accordingly, I make the following final order:

a. Child support is suspended from September 1, 2013 to May 31, 2014;

b. From June 1, 2014, the father will pay child support of $373 a month based on an imputed income of $25,000 a year; there will be no order as to extraordinary expenses;

c. The parties shall exchange their notices of assessment from Canada Revenue Agency every year by June 30 for the previous taxation year; child support and extraordinary expenses may be reviewed every year in the event of a material change in income of either party;

d. The present order may not be varied within six months without leave of the court;

e. A support deduction order will issue;

f. There will be no order as to costs.

J.A. Ramsay J.

Date: 2014-01-15