CITATION: Jeffrey Van Gyssel v. Jessica Van Gyssel, 2016 ONSC 7276
COURT FILE NO.: 48418/13
DATE: 2016/11/22
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Jeffrey Bert Van Gyssel
Applicant
- and -
Jessica May Van Gyssel
Respondent
Self-represented
Self-represented
HEARD: November 21, 2016
Judgment
[1] Jeffrey Van Gyssel born September 5, 1983 was married to Jessica Van Gyssel born July 3, 1983. They are both age 33. They were married on August 20, 2005. They have the following two children:
Madison May Van Gyssel born April 27, 2008 age 8
Billy John Scott Van Gyssel born February 22, 2011 age 5
[2] They separated in January 2013. They were divorced on May 14, 2014. They have joint custody of their children. Jessica lives alone with her children.
[3] Justice Broad made an order dated April 30, 2014 based on a mediated settlement that required Jeffrey pay to Jessica a set off amount of $242 per month for child support based on an income for him of $64,892 and for her of $48,487.04 in accordance with the child support guidelines. The order also required Jeffrey to pay $125.75 per month for extraordinary s. 7 expenses for a total monthly amount of $367.75.
[4] Jeffrey was employed as a carpenter at Melloul Blamey when Justice Broad made the order. In 2014, Jeffrey’s income was $80,514 as shown on his notice of assessment dated September 24, 2015. In January 2015, Jeffrey commenced living with and married Natalie Van Gyssel. She was born on April 20, 1989. She is 27. She brought one child, Leslie Hoekstra, born January 30, 2010 into the marriage. This child is age 6. Jeffrey and Natalie now have a child of their own, Gabriel Van Gyssell born March 20, 2016, age 9 months.
[5] Natalie graduated from accounting at Conestoga College in December, 2014. Jeffrey’s employment with Melloul Blamey ended in April, 2015. He established his own business called Just Working Construction Inc. (JWC). Natalie incorporated the business. She has also been the bookkeeper and the accountant for the business. Jessica worked as an accountant for Ward and Uptigrove for six months. She then had Gabriel. She worked for JWC as a bookkeeper/accountant. She currently works for Sun Life Financial as a financial analyst. She earns $50,000 per year.
[6] Jeffrey disclosed his income as he was required to do by Justice Broad’s order. Jessica brought a motion to change Justice Broad’s order to increase the child support that Jeffrey was required to pay to her. She based her motion on Jeffrey’s disclosed income for 2014 of $80,514. This was disclosed in his Notice of Assessment dated September 24, 2015 which he provided to Jessica.
[7] Jeffrey’s current income as recorded in the Profit and Loss statement of JWC for January to October, 2016 is $41,600. This document was prepared by Natalie and Basrit, the new bookkeeper for JWC. I was impressed by the evidence of Natalie. I found her to be a professional credible witness. I accept her evidence.
[8] Jessica submitted that the lifestyle of Jeffrey and Natalie as reflected in the new Dodge Ram truck which they recently purchased is inconsistent with their income. Jessica was unable to demonstrate this. The truck is fully financed. Jeffrey testified that is for use in the new business. I accept this. Jessica was also unable to demonstrate that they were hiding income.
[9] Jessica has not shown a material change in circumstances that would justify an order increasing the amount of child support that Jeffrey is required to pay to her. Jessica’s motion is dismissed.
[10] There will be no order for costs.
[11] Jeffrey has paid no child support since July, 2015. There was a payment made to the Family Responsibility Office (FRO) of $4,095.25 on June 6, 2016 to pay off a lien filed by FRO on a building that Jeffrey sold. Jeffrey said that someone from FRO told him that it would await the outcome of this motion before taking further steps to enforce Justice Broad’s order. I do not know why they would take this position since Jessica’s motion was for an increase. In any event, FRO is free to enforce Justice Broad’s order.
Justice Peter B. Hambly
Released: November 22, 2016
CITATION: Van Gyssel v. Van Gyssel, 2016 ONSC 7276
COURT FILE NO.: 48418/13
DATE: 2016/11/22
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Jeffrey Bert Van Gyssel
Applicant
- And -
Jessica May Van Gyssel
Respondent
REASONS FOR JUDGMENT
Justice Peter B. Hambly
Released: November 22, 2016