Wright v. Wright, 2015 ONSC 22
COURT FILE NO.: F1114/14
DATE: January 9, 2015 (see appended correction notice dated January 15, 2015)
SUPERIOR COURT OF JUSTICE – ONTARIO
FAMILY COURT
RE: Christopher Michael Wright, applicant
AND:
Jeannine Tricia Wright, respondent
BEFORE: KORPAN J.
COUNSEL: No one for the applicant or the respondent at this written hearing
held pursuant to r. 37(7) of the Ontario Family Law Rules
ENDORSEMENT
[1] The applicant father, who lives in British Columbia, has brought a support variation application dated October 2, 2012 pursuant to the Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29, sworn on October 2, 2012.
[2] The parties signed a separation agreement dated April 24, 2006 in Ontario. Paragraph 14 of the agreement obliges the applicant to pay child support for the parties’ now 15 year old son commencing on May 1, 2006 in the monthly amount of $572 based on annual income of $70,000 and, as set out in paragraph 15 of the agreement, to pay his share of the child’s s. 7 expenses. Paragraph 15 provides that the parties will share the s. 7 expenses in accordance with their incomes provided that they consent in advance in writing, which consent shall not be unreasonably withheld.
[3] The applicant moved to British Columbia in 2009 and resides there. The respondent mother resides in Ontario.
[4] The respondent filed the separation agreement in the Superior Court of Justice in London, Ontario on October 16, 2009 pursuant to s. 35(1) of the Family Law Act, R.S.O. 1990, c. F.3. Under s. 35(2)(b) of the Family Law Act the provision for support in the agreement may be varied under s. 37 as if it were an order of the court.
[5] The notice of a written hearing was made returnable in London on October 1, 2014.
[6] The support variation application requests a change in the amount of child support from $574 per month to $297.40 per month and that any arrears that accumulate prior to the hearing of the application be cancelled.
[7] The applicant deposes that he went on sick leave from his employment on August 10, 2012 for an indeterminate time due to an undisclosed illness. He says that he last worked on August 10, 2012 and that his employment insurance sick benefits started on August 13, 2012. He says that he cannot continue his current line of work due to the nature of his illness and will therefore need to train in another field.
[8] The applicant produced medical certificates dated August 11 and September 7, 2012 which say that he has a medical condition which prevents him from attending work from August 13, 2012 until October 31, 2012, to be reassessed before return.
[9] The applicant’s 2009 Notice of Reassessment dated August 2010 discloses total income of $22,026. His 2010 income tax return summary and supporting T4 slips disclose total income of $45,483.48. His 2011 income tax return summary and supporting T4 slip disclose total income of $57,079.25 (not including a universal childcare benefit of $1,200 for another child).
[10] The applicant’s July 13, 2012 paystub discloses year-to-date income of $26,767.99. His undated EI statement discloses September 8 and September 15, 2012 payments of $485 each.
[11] The applicant’s financial statement dated September 25, 2012 discloses annual income of $34,600.99, comprised of $25,537.99 of employment income and $9,063 of EI benefits. It does not disclose any significant assets or debts. The applicant declared bankruptcy in 2009.
[12] The respondent was served with the support variation application on July 31, 2014. In her answer sworn on August 29, 2014 the respondent deposes that she does not agree with the application but qualifies her statement:
While I agree, in principle, to the reassessment of F.R.O. payments based on Chris’ income - the financial and application packet is dated 2012 (2011). Requesting updated financial information and plan to start fresh for 2014 payments.
[13] The respondent’s financial statement dated August 28, 2014 shows annual income of $60,377. The attached documentation discloses total income in 2011, 2012 and 2013 of $55,700, $58,051 and $60,377. Her paystub dated August 17, 2014 shows year-to-date income of $42,327.17.
[14] Based on the applicant’s evidence in the support variation application and the respondent’s answer, I am satisfied that there has been a change in circumstances pursuant to s. 37(2.1) of the Family Law Act.
[15] Given the respondent’s request for updated financial information from the applicant, I will make a temporary support variation order pursuant to s. 33(3) of the Interjurisdictional Support Orders Act, 2002, S.O. 2002, c. 13, pending receipt of further information and documentation from the applicant.
[16] In determining the amount of support for a child, s. 35.2 of the Interjurisdictional Support Orders Act, 2002 directs the Ontario court to apply the law of the jurisdiction where the person liable to pay the support ordinarily resides. According to the British Columbia Child Support Guidelines Regulation, B.C. Reg. 61/98, the table amount of child support payable for one child on annual income of $34,600.99 is $314 per month.
[17] For these reasons, a temporary order shall issue:
The support variation hearing is adjourned to June 23, 2015;
The applicant shall immediately produce an updated financial statement, complete copies of his 2012 and 2013 income tax returns and notices of assessment and his 2014 T4 slip(s);
If the request for the further information set out in 2 above has not been produced by April 30, 2015, the applicant shall also produce a complete copy of his 2014 income tax return and, if received, notice of assessment;
The applicant shall pay child support for the child, Eric Arthur Wright, born March 23, 1999, in the amount of $314 per month commencing on October 1, 2012 based on the applicant’s 2012 estimated income of $34,600.99 and pursuant to the British Columbia Child Support Guidelines Regulation, with the applicant to receive credit for payments made after September 30, 2012.
Paragraph 14(i) of the separation agreement dated April 24, 2006 is vacated effective October 1, 2012.
“Justice Denise M. Korpan”
Justice Denise M. Korpan
Date: January 9, 2015
CORRECTION NOTICE – January 15, 2015
This endorsement, originally released on January 9, 2015, was corrected and released on January 15, 2015.
Changes made include the addition of subparagraph 5 to para. [17] as follows:
- Paragraph 14(i) of the separation agreement dated April 24, 2006 is vacated effective October 1, 2012.