SUPERIOR COURT OF JUSTICE – ONTARIO
COURT FILE NO.: FS-13-77460-00
DATE: 2015-07-28
RE: Colin Folkes v. Susan Folkes
BEFORE: Lemon, J.
COUNSEL:
Mukesh Bhardwaj, for the Applicant
Vipin Sharma, for the Respondent
HEARD: July 24, 2015
E N D O R S E M E N T
The Issue
[1] Ms. Folkes moves for interim child support and s. 7 expenses.
Background
[2] The parties separated on March 9, 2012. This motion was originally brought in December 2014. By consent order dated December 16, 2014, the parties agreed that Mr. Folkes would pay $1,943 per month until April 1, 2015, and then $1,416 per month ending August 1, 2015. The motion was then adjourned to a long motion date of July 8, and then adjourned to July 24, 2015. A trial management conference was held April 21, 2015, and the trial is set for November of 2015.
[3] There are three children of the marriage. The parties agree that the eldest child is no longer dependant. They agree that the youngest is a dependant. The middle child is presently in post-secondary education and that presents the greatest issue with respect to child support.
[4] Ms. Folkes’ counsel has provided a schedule of calculations of incomes, expenses, payments and arrears going forward from March of 2012, through to July 2015. This is based on imputed income to Mr. Folkes. For example, Ms. Folkes submits that the amount of his RRSP that he cashed in 2014, should be included in income. She also asks that further overtime income should be imputed to Mr. Folkes.
[5] Mr. Folkes acknowledges that he earned $100,518 in 2014, but denies that a higher income should be imputed to him. He denies that his RRSP should be included in his income for support purposes. He does agree that based on his 2014 income, he should be paying $1,422 child support for two children plus $527 for s. 7 expenses.
Analysis
[6] The difference between the two appears to be the specific accounting of what Mr. Folkes has paid to date and what he should have paid to date. I ought not to be involved in determining imputed income on the record that I have. These are triable issues. With the trial date so close, I need not enter into that dispute.
[7] Accordingly, support on an interim basis is determined to be $1,422 per month for the two youngest children plus $527 per month in s. 7 expenses based on a 2014 annual income of $100,518. The support shall be payable to the mother through the Family Responsibility Office in the usual manner. This order is without prejudice to the trial judge to make a determination of the correct support retroactive to the date of separation based on a full record.
[8] There is a dispute between the parties as to the last date for support to be paid pursuant to the consent order. To clarify that issue, I confirm that my order shall take effect August 1, 2015. At that time, Mr. Folkes shall pay the amount set out above.
[9] Ms. Folkes also requests that an earlier costs order against Mr. Folkes be enforced by the Family Responsibility Office. There was no such request in this notice of motion. Without that, I am unable to make such an order.
[10] The balance of the motion has otherwise been withdrawn.
[11] If the parties cannot agree on costs, written submissions may be made to me. Ms. Folkes shall make her submissions within the next 15 days and Mr. Folkes shall respond 15 days thereafter. Each submission shall be no more than three pages not including any bills of cost or offers to settle.
Lemon, J.
DATE: July 28, 2015
COURT FILE NO.: FS-13-77460-00
DATE: 2015-07-28
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Colin Folkes v. Susan Folkes
BEFORE: Lemon, J.
COUNSEL: Mukesh Bhardwaj, for the Applicant
Vipin Sharma, for the Respondent
ENDORSEMENT
Lemon, J.
DATE: July 28, 2015