Court File and Parties

COURT FILE NO.: D-21380-15 DATE: 2016-06-10 ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

Gerald Joseph Massicotte Applicant – and – Jennifer Lynn Massicotte Respondent

COUNSEL: J. Duplessis, for the Applicant N. Munro, for the Respondent

HEARD: June 9, 2016

DECISION ON MOTION

DEL FRATE, J.

[1] The respondent brings a motion seeking interim spousal support as a result of her separation on October 1, 2014.

[2] The parties were married on July 28, 1984, and presently the respondent is 48 years of age. She works for Canada Post and earns a yearly income of approximately $57,700. She also receives a supplement of approximately $6,400 to pay for her gas expenses.

[3] The applicant is 52 years of age and in 2015 earned approximately $87,600. In January 2016 he changed positions with the same employer and his projected salary for 2016 is approximately $71,000.

[4] The respondent submits that she is in need since she cannot do what they used to do as a family. Accordingly, because of the disparity in incomes she is seeking the midpoint of the spousal support guidelines which is the sum of $1,070 per month.

[5] The applicant submits that with his new position and his salary, the disparity between his income and the applicant’s is minimal. Further, the respondent has not taken into consideration the fact that commencing June 1, 2016, her boyfriend will be living with her and he will be contributing towards her expenses. Thus, no support should be payable.

[6] The respondent’s financial statement was prepared in December 2015. There has been no update. The applicant’s financial statement was prepared in March 2016. It also has not been updated and his projected salary is based on a statement of earnings depicting two weeks in February 2016.

[7] Both parties have valid arguments to substantiate their positions. However, the information is outdated. At this point, any order I make will be a guess. The parties therefore should provide the following:

a. updated financial statements; and b. the respondent should provide her year-to-date earnings and particulars of her live-in boyfriend’s income and his contribution towards the household expenses. The applicant should provide particulars of his year-to-date income and the reasons for changing positions at his place of employment.

[8] This will require a further attendance and the parties should be present at that hearing. I will be sitting in Sudbury the first week in August 2016. This should provide sufficient time for the parties to file this documentation. A date for that week can be obtained through the trial coordinator’s office.

[9] Regardless of the outcome of this interim motion, the parties consent to an order that the applicant’s pension will be divided at source.

[10] Costs for today’s attendance are in the cause.

[11] Order to issue as per reasons.

The Honourable Mr. Justice Robert G.S. Del Frate

Released: June 10, 2016