Scantelbury v. Mollison, 2020 ONSC 562

COURT FILE NO.: FC-19-580

DATE: 20200128

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

TIMOTHY SCANTELBURY

Applicant

– and –

NANCY MOLLISON

Respondent

Self-represented

Self-represented

HEARD: January 28, 2020

REASONS FOR decision

Audet J.

[1]

Background

The parties were married in 1997 and divorced on October 15, 2010 in the province of Prince Edward Island. They are the biological parents of twin boys, Cole and Chase, both born on December 25, 2000.

2Pursuant to a Final Divorce Order made by the Supreme Court of Prince Edward Island on October 15, 2010 (“the Divorce Order”), the parents share custody of the children who remained in their mother’s primary care in Prince Edward Island. The Applicant father (“the father”) is employed by the Department of National Defence and is currently living in Ottawa, Ontario. Pursuant to the Divorce Order, he was required to pay child support in the amount of $998 per month for the two children, starting on September 1, 2010 based on his (then) annual income of $71,196.

3On March 29, 2019, the father filed a Motion to Change before the Ontario Superior Court in Ottawa, seeking to terminate his child support obligation towards Cole, effective on December 25, 2018, and seeking to set his child support obligation towards Chase at $800 per month, in addition to a 50% contribution towards his tuition and books. His Motion to Change was served personally on the Respondent mother (“the mother”) by process server on April 29, 2019. The mother did not file a response.

4For a reason unknown to me, the matter was scheduled to be heard by the Court on the regular motions’ list on June 10, 2019. As no one appeared (rightfully), the matter was adjourned to a provisional hearing to be dealt with in writing. However, on November 6, 2019, the father amended his motion to change seeking the termination of his child support obligations towards Chase, effective on April 26, 2019. A new Change Information Form was filed on that day, and both documents were served on the mother by special service on November 6, 2019. The mother has still not filed any response.

[5]

The Evidence

The uncontested evidence before me reveals that Cole did not finish high school in June 2018, the date he was supposed to complete his secondary education. At that time, he was 17 years old and he continued to live with his mother. He did not enroll in any full-time program of post-secondary education and has apparently been working since. Child support ought to have terminated when he turned 18 on December 25, 2018.

6The uncontested evidence before me also confirms that Chase graduated from high school in June 2018, and then enrolled at Holland College in a one-year program. Despite repeated requests for progress reports pertaining to Chase over the course of the 2018 -2019 school term, the father did not receive any information as to his full-time attendance or academic success in his course of study. The father’s evidence is that Chase’s enrollment at Holland College ended in April 2019. The father states that the mother admitted in September 2019 that Chase did not have any plans to return to school. To the best of the father’s knowledge, Chase has been working since.

[7]

Analysis

The father seeks an order that his child support obligation for Chase for the months of January to and including April 2019 be set at $800 per month, and that he (the father) be required to contribute 50% towards the cost of tuition and books. It should be noted that based on the father's 2019 income of estimated at $107,912, his Table amount pursuant to the Federal Child Support Guidelines, S.O.R./97-175, as amended would be $972.00 per month. The father seeks to pay a lower amount of $800 per month to reflect the fact that Chase was an adult and ought to have been contributing to his own expenses to a certain extent during those months.

8I disagree. Chase was clearly a dependent child (as defined by the Divorce Act, R.S.C., 1985, c.3 (2^nd Supp.)), albeit an adult, and he was attending a full-time program of post-secondary education during those months, living full-time with his mother. I have no evidence that Chase was working during those months and/or capable to contribute to his own expenses. As a result, the full amount provided set out in the Tables should be paid from January to April 2019.

[9]

Order

A provisional order shall therefore issue pursuant to s. 18 of the Divorce Act, as follows:

1- The order of Justice Campbell of the Supreme Court of Prince Edward Island dated October 15, 2010, is amended as follows:

a. The applicant’s child support obligation for the child Cole William Scantlebury (born December 25, 2000) shall terminate affective December 25, 2018.

b. For the months of January 2019 to and including April 2019, the applicant shall pay child support for the child Chase Timothy Scantlebury (born December 25th, 2000) in the amount of $972.00 per month based on his 2019 income of $107,912 per annum. The applicant shall also contribute 50% of the cost of Chase’s tuition and books upon being provided with proof of the expenses and of its payment by the mother (if not already paid).

c. The applicant’s child support obligations towards Chase shall terminate effective May 1, 2019.

[10]

Costs

The father is self-represented and his legal disbursements to bring this matter to completion were minimal (less than $300). As a result, there shall be no cost payable by either party.

Madame Justice Julie Audet