CITATION: Burgess v. Karam, 2017 ONSC 4977

COURT FILE NO.: FC-13-309-2

DATE: 2017/08/22

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Jeffrey Steven Burgess, Applicant

AND

Rania Karam, Respondent

BEFORE: Justice Stanley Kershman

COUNSEL: John E. Summers, for the Applicant

Rania Karam, in Person

HEARD: August 18, 2017

ENDORSEMENT

Child Support

1For oral reasons given, this Court orders the following:

1. that as of September 1, 2017, using the set-off method of child support, no child support is payable by either party since their incomes are almost equal, Section 7 expenses shall be shared on a 50/50 basis;

2. the Court finds that the Father has overpaid child support in the following amounts:

Year

Child Support Paid Per Month

Child Support Owing Per Month

Overpayment

2013

$100

$25

$900 ($75 x 12)

2014

$260

$249

$132 ($11 x 12)

2015

$260

$156

$1,248 ($104 x 12)

March 2016 – June 2016

$710 ($450 paid through FRO + $260 which was the Mother’s share of day care)

$138

$1,716 ($710 - $38 x 3 = $572 x 3)

July 2016 – August 2016

$450 as paid per FRO

$158

$624 ($450-$158 x 2 = $312 x 2)

September 2016 – November 2016

$450 per FRO order + $52 being the Mother’s share of day care for a total of $502

$138

$1,092 ($502 - $138 x 3 = $364 x 3)

June 2017 – August 2017

$240 on a without prejudice basis as per Order of Master Fortier

$0

$720 ($240 x 3)

TOTAL

$6,432

2The total amount of child’s support overpayment by the Father is $6,432.

3From December 2016 to May 2017, the Husband acknowledged that he was not claiming any monies for overpayment of child support.

4While the Mother did not file a formal cross-motion, the Court finds it appropriate to deal with the issues claimed by the Mother at the hearing of the matter, in accordance with Rule 2 of the Family Law Rules.

RESP

RESP

5The Mother claims that the Father should reimburse her $5,300 for an RESP that she contributed to on his behalf.

6The separation agreement between the parties makes no mention as to how much each party is to contribute to an RESP. The Mother stopped paying the RESP after she paid the $5,300 more than the Husband. She then started her own RESP for the children. The Court finds that she could have stopped paying his share of the RESP much earlier and not incurred the $5,300. Therefore, there will be no reimbursement of monies to the Wife for the RESP.

Section 7 Expenses

Section 7 Expenses

7The Mother’s evidence is that she paid $500 for Scouts for the two girls, $450 for allergy testing and $72 for school supplies.

8The Court finds that these are s. 7 expenses for the children incurred by the Mother in 2016 and 2017.

9Pursuant to paragraph 6G of the Separation Agreement, the parties agreed to share s. 7 expenses in proportion to their income. These expenses were incurred in 2016 and 2017. The Court finds that the proportionate sharing of these expenses is 50/50. The Mother has paid all of these expenses. The Court finds that these expenses total $1,022, which have all been paid by the Mother. Since each party’s share is 50%, the Father owes the Mother $511.

Child Tax Benefit

Child Tax Benefit

10The evidence is that the Father received Child Tax Benefit Payments from 2015 to date in the amount of $3,496.

11The Separation Agreement provides that the Mother shall receive any child tax benefit for the children. Since the Husband has received $3,496, he shall pay this amount of money to the Mother.

Summary of Amounts Owed

12The Mother owes the Father the sum of $6,432 for the overpayment of child support.

13The Father owes the Mother the following amounts:

Child Tax Benefit: $3,496 s. 7 Expenses: $511 (50% share) RESP: $0 ------------------------------- TOTAL: $4,007

14The net amount owed by the Mother to the Father is $2,425 (=$6,432 - $4,007) which will be paid by monthly payments of $300 per month commencing from September 1, 2017.

15The net amount owed by the Mother to the Father is $2,425 which will be paid by monthly payments of $300 per month commencing from September 1, 2017.

Costs

16The Court has assessed costs of this motion at $750 inclusive of HST and disbursements payable by the Mother to the Father. This amount shall be paid by monthly payments of $300 per month after the $2,425 has been paid.

17Order accordingly.