SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: 941-2013
DATE: 2015/11/03
RE: Tracy Neil, Applicant
AND
Lee Goodwin, Respondent
BEFORE: The Honourable Justice Michel Z. Charbonneau
COUNSEL: Patrice Cormier, counsel for the Applicant
David Gray, counsel for the Respondent
DATE: October 23rd, 2015
ENDORSEMENT
[1] The applicant brings a motion for a temporary order granting her spousal support.
[2] The respondent brings a motion for a temporary order for child support and various other relief.
[3] The applicant started this application in September 2015. At the time she was employed by Services Canada. She has been receiving disability benefits since January 2013 when she took a medical retirement. She receives $34,737 annually.
[4] The respondent works at Ashbury College and earns $88,863 in 2015.
[5] The parties were married in 1994 after having cohabited for 2 years. They separated in June 2011. At that time Ryan, the only child, lived with his mother.
In November 2011, Ryan moved with his father until he moved in an apartment at Ashbury College while attending university. Ryan was born in November 1995 and is now 20 years old.
Analysis
[6] It is impossible to address all the issues of retroactivity raised by the parties. There are too many variables pertaining to the status of the child from year to year. Similarly, better evidence is required to determine the issue of special and extraordinary expenses.
[7] This is a long term marriage and the applicant-wife certainly requires financial help from the respondent. I order the respondent to pay spousal support of $1,000 per month as of September 1st, 2015, the month the motion was initiated. This order is however totally without prejudice to both parties’ overall claims for set-offs and retroactivity which claims as indicated I find are impossible to decide at this time on the evidence before the Court. They are reserved to the trial judge.
[8] On consent, the claim for divorce is severed from the corollary issues. The parties to file affidavits for divorce and a draft divorce order.
[9] Mr. Cormier will prepare the formal temporary spousal support order.
[10] If necessary, counsel can provide me with brief written submissions on costs, within 20 days.
Charbonneau, J.
Date: November 3rd, 2015
COURT FILE NO.: 941-2013
DATE: 2015/11/03
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Tracy Neil, Applicant
AND
Lee Goodwin, Respondent
BEFORE: The Honourable Justice Michel Z. Charbonneau
COUNSEL: Patrice Cormier, for the Applicant
David Gray, for the Respondent
ENDORSEMENT ON COSTS
Charbonneau, J.
Released: November 3rd, 2015