ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FS-12-74943-00
DATE: 20151216
B E T W E E N:
ANJUM NAVEED
A. Katz, for the Applicant
Applicant
- and -
ZAHIDA NAVEED
K. Dosanjh, for the Respondent
Respondent
HEARD: June 2, 2015
REASONS FOR JUDGMENT
ADDENDUM
André J.
[1] Further to my decision in the above matter, dated October 15, 2015, I wish to rectify an error in the calculation of the child support payable by Mr. Naveed to Mrs. Naveed, and the equalization payment which Mrs. Naveed is required to pay Mr. Naveed.
[2] In paragraph 116 of my decision, I ordered that the ongoing child support payable by Mr. Naveed, based on an annual salary of $57,000, is $1,147 monthly. In fact, the table amount is $847 monthly.
[3] Furthermore, for the 40 month period from April 2012 to August 2015, Mr. Naveed would have had to pay Mrs. Naveed, child support in the amount of $33,880 (ie. $847 x 40), rather than $45,880, as indicated in paragraph 116 of my judgment.
[4] Additionally, Mr. Naveed is entitled to a refund of the difference between $1,147 which he was ordered to pay commencing September 1, 2015 and $847 which he should have been required to pay. This amount is $300 x 4 or $1,200.00.
[5] The total amount of child support arrears is therefore $15,651 (ie. $33,880 - $18,229), rather than $27,651 indicated in paragraph 118. This amount must be reduced by $1,200 which represents the overpayment of child support by Mr. Naveed from September 1, 2015 to December 31, 2015. The total amount of child support arrears is therefore $14,451.
[6] As a result, the total arrears outstanding from Mr. Naveed to Mrs. Naveed is $36,051 ($14,451 + $6,750 + $14,850), rather than $49,251 which I indicated in paragraph 121 of the judgment.
[7] Based on the above the following changes are made to the listed paragraphs under the section of my judgment marked “Disposition”:
(1) Paragraph 1 shall indicate that commencing September 1, 2015, Mr. Naveed is ordered to pay child support in the amount of $847 per month for the two children of the marriage, Nathan Naveed, D.O.B. July 21, 2002 and Noel Naveed, D.O.B. February 27, 2008.
(2) Paragraph 2 is amended to read that Ms. Naveed must pay an equalization payment of $179,789.51 to Mr. Naveed less the amount of $36,251 which represents the child support arrears, and mortgage and household expenses owed by Mr. Naveed to Ms. Naveed and costs of $1,000 owed by Ms. Naveed to Mr. Naveed, leaving an outstanding balance of $144,738.51 owed by Ms. Naveed to Mr. Naveed.
[8] Additionally, Mr. Naveed is ordered to pay 60% of the contributions to his children’s education fund.
[9] Ms. Naveed shall provide Mr. Naveed with an actuarial valuation of her pension within sixty (60) days of the date of this order.
[10] Finally, it is ordered that if Ms. Naveed has not paid Mr. Naveed the net equalization amount stipulated above within ninety (90) days of today’s date, the matrimonial home should be listed for sale. Upon sale of the matrimonial home, Ms. Naveed should pay Mr. Naveed an equalization payment of $144,738.51 and any outstanding costs which she is required to pay Mr. Naveed.
André J.
Released: December 16, 2015
COURT FILE NO.: FS-12-74943-00
DATE: 20151216
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
ANJUM NAVEED
Applicant
- and –
ZAHIDA NAVEED
Respondent
REASONS FOR JUDGMENT
ADDENDUM
André J.
Released: December 16, 2015