Court File and Parties
COURT FILE NO.: FC-01-432-1 DATE: 20200129
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
ANGIE-LYNN MORRELL Applicant
– and –
KYLE TOPPAZZINI Respondent
Self-represented
Self-represented
HEARD: In writing
REASONS FOR decision
audet j.
[1] This is a motion brought by the respondent father, Kyle Toppazzini (“the father”), in which he seeks the termination of his child support obligations toward his daughter effective August 2016.
[2] The parties were in a brief relationship from which a child, Autumn Morrell, was born on January 31, 1995. Pursuant to a Separation Agreement dated December 27, 2000, which was filed with the Court on February 13, 2001 for the purpose of its enforcement by the Family Responsibility Office (“FRO”), the father was required to pay to the applicant mother, Angie-Lynn Morrell (“the mother”), child support in the amount of $450 per month.
[3] It is the father’s evidence that the mother moved away as soon as the Separation Agreement was signed and that he has had no access to, and no contact with, his daughter since December 2000. As the mother lives in Bowmanville, Ontario, which is more than 150 kilometers away from Ottawa, this matter proceeds before me by way of a provisional hearing, in writing, which will be subject to confirmation by the Court in the mother’s jurisdiction in accordance with s. 44 of the Family Law Act, R.S.O. 1990, c. F.3 (“FLA”).
[4] The father’s evidence confirms that Autumn completed her first post-secondary degree in 2016, and that she became a Registered Practitioner Nurse in August 2016, at the age of 21. The father’s evidence is that he had no knowledge of the mother’s whereabouts before she finally provided her contact information in the context of this motion to vary (the father was permitted to serve her through the FRO). His attempts to contact the mother to seek the termination of his child support obligations were unsuccessful.
[5] The father explains that he stopped paying child support in November 2017, which prompted the FRO to initiate default proceedings, and in turn, forced the father to file this motion to change. The Separation Agreement signed by the parties back in 2000 clearly states that child support terminates once Autumn completes her first post-secondary degree.
[6] In those circumstances, and in light of the compelling evidence of Autumn becoming a Registered Practitioner Nurse in August 2016, a provisional order shall issue pursuant to s. 44 of the FLA terminating the father’s child support obligations in respect of Autumn affective August 31, 2016.
Madam Justice Julie Audet
Released: January 29, 2020
COURT FILE NO.: FC-01-432-1 DATE: 20200129
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
ANGIE-LYNN MORRELL Applicant
– and –
KYLE TOPPAZZINI Respondent
REASONS FOR decision
Audet J.
Released: January 29, 2020