Murphy v. Palmer, CITATION: 2015 ONSC 437

COURT FILE NO.: D22811/10

DATE: 2015-01-20

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Louise Margaret Murphy, applicant

AND: Paul Palmer, respondent

BEFORE: Mr Justice Ramsay

COUNSEL: none

HEARD: 2015-01-20 at Welland

ENDORSEMENT

[1] The Respondent moves to vary spousal support.

[2] The parties separated in 2010 after 22 years of marriage, during most of which time the Applicant stayed home and took care of the home and the children, while earning modest amounts from employment from time to time. On February 23, 2012 Campbell J. made an order pursuant to a written settlement in which the Applicant was given $750 a month spousal support retroactive to March 1, 2010 based on the parties’ respective imputed incomes of $15,000 for the Applicant and $40,000 for the Respondent. The Respondent is in arrears of $33,489.91 as of January 1, 2015. The parties are still able to earn those amounts. The difference between the parties is that the Applicant is actually earning approximately the amount that was imputed to her.

[3] The only material change in circumstance that I can discern is the Respondent’s loss of employment in May 2013. He was dismissed from his job and he went on EI. Ironically, the only time the Applicant has received regular support was when the Respondent was receiving EI. Support payments of about $13,000 were deducted at source.

[4] It is long since time that the Respondent should have found work. Sending out emails, which is all he says he has done, is not an effective strategy. He needs to speak to his network of contacts, send out resumes, follow up in person, and seek professional advice. Free help in job searching is available from EI and other government sources.

[5] The Respondent claims to be getting by with help from his girlfriend and her family, but that is not terribly credible. He drives a new truck. I suspect that he is earning more than he is letting on. I do not think it a coincidence that the Respondent lost his job shortly after support began to be deducted from his paycheque. The Respondent has been consistently dodging his obligation to the Applicant from the start. He claims to have been spending his money on his children, but he purported to help his daughter with her tuition by sending her a cheque drawn on an account that could not be traced. His convoluted explanation for doing so was quite lame. The Respondent did not impress me with his credibility in general.

[6] In any event there is nothing in the evidence before me to explain why he should not be earning $40,000 a year. In 2010 he actually earned $56,000.

[7] Since the Respondent was actually unemployed for a time, I will amend paragraph 3 of Campbell J.’s order to reduce spousal support to $500 a month from June 1, 2013 to November 30, 2013. This will have the effect of reducing the arrears by $1,500. He should have found new employment in that six month period. Paragraphs 6 (periodic payment of arrears) and 10 (address for service) of the order are deleted.

[8] The refraining order is terminated. The arrears of spousal support are due forthwith, subject to any arrangement FRO may choose to make with the Respondent. The Applicant may serve materials on the Respondent by mail to 211 Cambridge Rd E, Crystal Beach L0S 1B0.

[9] In summary, an order will go as follows:

a. Paragraph 3 of the order of Campbell J. dated February 23, 2012 is amended to read:

3. The Respondent shall pay to the Applicant spousal support in the amount of $750 a month commencing March 1, 2010, provided that from June 1, 2013 to November 30, 2013 the amount shall be $500 a month instead.

b. Paragraphs 6 and 10 of the said order are deleted.

c. Arrears of spousal support are due forthwith, subject to any arrangement FRO may choose to make with the Respondent for periodic payments.

d. The Applicant may serve materials on the Respondent by mail to 211 Cambridge Rd E, Crystal Beach L0S 1B0.

e. A support deduction order will issue.

f. The refraining order of Maddalena J. dated April 9, 2014 is terminated.

g. There will be no order as to costs.

J.A. Ramsay J.

Date: 2015-01-20