ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FD13-1145
DATE: October 16, 2015
BETWEEN:
Ryan Timothy Phelps
Applicant
– and –
Zoe Michelle Julia Childs
Respondent
Ms. E. Holly, for the Applicant
Ms. L. Hanson, for the Respondent
endorsement with respect to settlement of final order
QUIGLEY, J
[1] I have received and reviewed the submissions of counsel, Ms. Hanson dated October 9, 2015 and Ms. Holly dated October 9, 2015 with respect to the wording of the Final Order.
[2] At no time during this trial or in submissions by counsel after trial was any suggestion made other than the matrimonial home was going to be dealt with in any manner other than equalization as of the date of separation. I find it disingenuous on the part of the Applicant now to suggest otherwise. The Applicant was perfectly aware that the matrimonial home, built by the Respondent and her family, and transferred into joint names after marriage, was going to be transferred into the sole name of the Respondent.
[3] Therefore, the Final Order, which I approve, shall go as follows:
Spousal Support
- The Applicant’s claim for spousal support for the years 2013 and 2014 is dismissed.
Child Support
The Respondent’s claim for retroactive child support for the period up to and including December 31, 2014, is dismissed.
Commencing January 1, 2015, the Applicant shall pay child support to the Respondent for the benefit of Madeline Rose Phelps, born February 24, 2007, Noah Routley Phelps, born November 10, 2008 and Evelyn Ryann Phelps, born August 31, 2012, in the amount of $692.00 per month in accordance with the federal child support tables for the province of Quebec based on his 2014 income in the amount of $34,525.00.
Section 7 Expenses
For the year 2013, the Applicant’s obligation for Section 7 expenses is assessed in the amount of $600.00. In the year 2014, the Applicant’s obligation for Section 7 expenses is assessed at $1,200.00. This amount of $1,800.00 shall be paid by the Applicant to the Respondent forthwith.
Commencing January 1, 2015, the Applicant father shall pay the Respondent mother $100.00 per month for his obligation to contribute to Section 7 expenses for the children.
Effective January 1, 2016, the parties are directed to consult with the other in order that they may determine and agree to the extraordinary and reasonable nature of any such expenses to be incurred. Section 7 expenses shall then be proportionately shared between the parties based on their annual incomes.
For the purposes of calculating their respective percentages of financial responsibility, the Applicant shall use his annual income as noted in Line 150 of his tax return. For the purposes of calculating the Respondent’s responsibility, her annual income shall be nominally grossed up.
Annual Financial Disclosure
- The Applicant and the Respondent shall be required to file annual tax returns and assessments by June 1st in each year for the purpose of reviewing ongoing child support obligations and Section 7 expenses and provide copies to the other party.
Matrimonial Home
The Respondent shall be entitled to keep the home located at 39 Cambridge Court, Kemptville. The Applicant shall execute a conveyance of the matrimonial home transferring his right, title and interest (including his possessory rights in accordance with Part II of the Family Law Act) in the matrimonial home to the Respondent, free of all encumbrances. The Respondent will assume all responsibility for the mortgage, the CIBC car loan, the joint personal line of credit with CIBC, the line of credit (Geronimo) and the property taxes upon the transfer.
The equity in the home is calculated based on the agreed value of $467,500.00 less the mortgage of $252,594.22 less a line of credit of $38,286.36 (Geronimo Café), a further line of credit of $51,512.12, a car loan of $24,298.66 and property taxes of $3,600.00, leaving a net equity of $97,208.64. The net proceeds of the matrimonial home shall be divided equally between the parties, subject to paragraph 12, below, under “Equalization”.
The Sequiter Lab shares shall be divided equally between the parties.
Equalization
The Applicant is to receive one-half of his equity in the home in the amount of $48,604.32 less equalization owed by the Applicant to the Respondent of $20,775.23, for a net payment to the Applicant of $27,829.09. A payment shall be made to the Applicant by the Respondent in the amount of $27,829.09.
The Respondent shall pay the Applicant this amount of $27,829.09 without interest, in equal monthly installments of $1,000.00 commencing September 1, 2015 until such time as the amount of $27,000.00 has been paid with a final payment in the amount of $829.09.
Other
Unless the support Order is withdrawn from the Office of the Director of Family Responsibility, it shall be enforced by the Director, and amounts owing under the support Order shall be paid to the Director who shall pay them to the person whom they are owed.
This order shall bear post-judgment interest at the rate of 2.0% per annum from the date of default.
[4] If the parties cannot agree on costs, they may submit written submissions to me, on two typewritten pages, or less, at my Brockville chambers on or before November 13, 2015.
The Honourable Mr. Justice Michael J. Quigley
Released: October 16, 2015
COURT FILE NO.: FD13-1145
DATE: October 16, 2015
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Ryan Timothy Phelps
Applicant
– and –
Zoe Michelle Julia Childs
Respondent
ENDORSEMEN WITH RESPECT TO SETTLEMENT OF FINAL ORDER
Quigley, J.
Released: October 16, 2015