Court File and Parties

COURT FILE NO.: FC-11-2563 DATE: 2017/01/12

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

Angela McCormick, Applicant – and – Patrick Rene Burns, Respondent

Counsel: Self-Represented (Applicant) Self-Represented (Respondent)

HEARD: January 5, 2017

Reasons for Decision

KANE J.

[1] The present proceeding was commenced in February 2012. The applicant sought custody of the children, child support, spousal support, access and costs. The case conference was held on March 29, 2012. A settlement conference was conducted on March 5, 2013.

[2] The applicant now brings a motion for determination of the remaining issues between the parties, namely:

a) child support; b) arrears of child; and c) S.7 special expenses in the form of existing student loans regarding the children Ryan and Bradley.

[3] Ryan, Bradley and Jessica are currently 23, 21 and 20 years of age. The evidence indicates that Ryan has completed his education. It is anticipated that although he is now working, Bradley may commence university in 2017. Jessica is in University, has switched her university program after 2 years and has now commenced a new four-year program.

[4] While waiting to argue this motion, the parties today attended mediation and were able to resolve some of the issues of this motion. The parties then proceeded with argument of the remaining issues today.

[5] On the consent of the parties, a final order is to issue as to the following terms agreed to during mediation:

a) the respondent is to pay the applicant child support regarding Jessica while she continues her current university program as a full-time student, pursuant to the federal Child Support Guidelines. Pursuant to his 2015 annual income in the amount of 99,570, the respondent accordingly shall pay monthly child support to the applicant in the amount of $876.67, commencing January 1, 2017 and on the 1st day of each month thereafter;

b) if the adult child Bradley resumes his university studies on a full-time basis, the respondent shall thereupon during the term of such university studies, increase and pay monthly child support to the applicant for Bradley and Jessica in the amount of $1411.07 on the 1st day of each month. That monthly child support obligation of $1411.07 however shall be reduced monthly by an amount equal to one twelfth of one third of the annual line 150 income earned and declared by each of such adult children in their income tax return for the year prior to the year in which such child support is being paid by the respondent.

Child Support Arrears Regarding Ryan

[6] The applicant seeks child support arrears regarding the adult child Ryan for the period from September, 2013 until April, 2015, being the period during which he pursued a university program in Newfoundland.

[7] The evidence as to when Ryan attended university full time is unclear. That said, this court is satisfied on the evidence that Ryan was a full time university student and therefore continued to be financially dependent for at least 19 of the months in issue. The annual income of the respondent was:

a) 2013 - $108,860; b) 2014 - $97,126; and c) 2015 - $99,570.

[8] Using an approximate average annual income of $101,000 for the respondent between 2013 and 2015, the arrears of child support related to Ryan during this 19 month period based upon the increased amount owing for 3 children, rather than 2 children, is $429 per month [$1845 - $1416]. The respondent shall pay the resulting child support arrears to the applicant in the amount of $8151. Those arrears shall be payable at the rate of $200 per month, commencing February 1, 2017.

S.7 Special Expense Arrears Claims

[9] The applicant seeks contribution by the respondent towards the student loan incurred by Ryan and Bradley of $10,158 and $4,808.

[10] Given the ages currently of these two adult children, their ages at the time the above student loans were incurred as well as the fact they each at the time earned part-time and summer income; Ryan and Bradley should each be responsible for at least 50% of their student loan.

[11] The respondent has agreed to contribute and be responsible for the payment of one quarter such student loan debts.

[12] This court orders that the respondent shall pay to the applicant, in trust for each of these sons’ student loan debt and in full satisfaction of the s.7 expense arrears claimed herein, the following:

a) For Ryan’s student loan debt – $2,540; and b) For Bradley’s student loan debt – $1,202;

Total: $3,742

[13] The above s. 7 arrears are payable by the respondent to the applicant, in trust to be applied against those student loans, in four equal quarterly instalments, each in the amount of $935.50, on March 1, June 1, September 1 and December 1, 2017.

[14] No costs were requested and are not therefore ordered.

Mr. Justice Paul Kane Released: January 12, 2017