SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FC-12-3043
RE: Kwaku Agyei– Applicant v. Vida Twumasi-Agyei - Respondent
BEFORE: Mr. Justice Robert L. Maranger
COUNSEL:
Gil D. Rumstein, for the Applicant
Sandra Jones, for the Respondent
ENDORSEMENT
[1] This was a motion dealing with interim child and spousal support. The matter is scheduled for trial sometime in November 2014, thus any interim order will likely be short-lived.
[2] At the conclusion of argument the court issued oral reasons regarding interim child support payments.
[3] The father/husband has paid the mortgage, taxes, and insurance on the family home since the date of separation. The wife and children have resided in the family home since August 30, 2013. The father/husband has resided elsewhere. Both children are over 16 years of age. The guideline amount for child support assuming an annual income of $95,673 would have been $1363.00 per month. The expenses paid on the home were/are in excess $1400.00 per month. It was ordered that the father would continue to pay the mortgage, taxes, and insurance on the matrimonial home and that this would satisfy his child support obligations on an interim basis.
[4] The parties could not resolve the issue of interim spousal support and each made representations on behalf of their respective clients concerning what the appropriate order for spousal support should be at this stage in the case. In the circumstances of this case I would order interim spousal support of $1250 per month commencing immediately. This is without prejudice to the wife arguing retroactivity at trial. I arrive at this amount based upon the following factors:
• The husband currently earns over $95,000 per year.
• The wife is not working and claims to be disabled. The evidence in support of this proposition is not overwhelming.
• The wife has skills and an education, I find that her ability to find some work justifies imputing an income of $15,000 a year.
• The parties have assets but little in the way of cash flow.
• The means and needs of the parties.
• At the time they separated the husband was earning $82,000.
• The SSAG calculations presented by both sides.
[5] This interim order is expected to be in place until a final order, however it is made in contemplation of a trial being completed by the end of November 2014. In the event that the trial does not take place by December 1, 2014 then either side may move on 5 days notice to vary this interim order.
[6] If the parties cannot agree on the issue of costs, they may file one page of written argument on the issue within 15 days of the release of this decision; failing which shall be no order as to costs.
Mr. Justice Robert L. Maranger
DATE: July 25, 2014
COURT FILE NO.: FC-12-3043
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Kwaku Agyei – Applicant v. Vida Twumasi-Agyei - Respondent
BEFORE: Mr. Justice Robert L. Maranger
COUNSEL: Gil D. Rumstein, for the Applicant
Sandra Jones, for the Respondent
ENDORSEMENT
Maranger J.
DATE: July 25, 2014