Ricketts v. Ricketts, CITATION: 2016 ONSC 7873

COURT FILE NO.: D24889/15

DATE: 2016-12-15

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Kevin Lloyd Ricketts, Applicant

AND: Angella Marcia Ricketts, Respondent

BEFORE: Mr Justice Ramsay

COUNSEL: self-represented

HEARD: December 14, 2016

ENDORSEMENT

[1] The parties were married in 2003 and separated in 2011. Previous orders have settled divorce, custody, access and child support. Division of property and spousal support are outstanding, as is enforcement of child support.

[2] Under the final order of Sweeny J. dated September 28, 2016 the Applicant pays $577 a month to the Respondent for support of Vanessa Ramona Ricketts born February 28, 2001. There is no provision for extraordinary expenses. The parties consented to withdraw enforcement from the Director of the Family Responsibility Office. Payments were being made weekly by deposit into a joint account. Mr Ricketts has now closed the account, for which I do not criticize him. Other methods of paying child support have not been satisfactory. I cannot tell whose fault this is on the evidence before me, but I can tell that the FRO needs to be reintroduced to the file and I so order.

[3] The evidence is sketchy as to who was making how much money during the marriage, and how much the Respondent is making now, but it is agreed that Mr Ricketts was the main bread winner while Mrs Ricketts took care of Vanessa. It is difficult to quantify but I am confident that the Respondent is owed at least $7,500 in compensatory spousal support.

[4] The division of family assets can be accomplished by splitting the proceeds of the matrimonial home, subject to the spousal support, and division of the Applicant’s pension.

[5] I order as follows:

a. The trustee of the proceeds of the matrimonial home is directed to pay out the balance available to the parties as follows:

i. Half to the Respondent;

ii. Of the remaining half, $7,500 to the Respondent and the rest to the Applicant.

[6] The $7,500 shall be considered a lump sum spousal support payment.

[7] The Applicant is ordered to sign the necessary direction to split his pension with the Respondent within 60 days and to provide the Respondent with a copy of the paperwork.

[8] Another support deduction order will issue with respect to the continuing child support ordered by Sweeny J.

J.A. Ramsay J.

Date: 2016-12-15