COURT FILE NO.: FC-13-1778-2
DATE: 2021/10/14
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
COURTNEY MEACOE
Applicant
– and –
ANDREW DAVID ISAAC CUTLER
Respondent
Alison Southern, for the Applicant
Rebecca Rosenstock, for the Respondent
HEARD: August 24, 2021
SUPPLEMENTARY REASONS FOR JUDGMENT
AUDET J.
[1] On August 26, 2021 I released a partial decision in this matter in relation to parenting issues and child support (Meacoe v. Cutler, 2021 ONSC 5739). In accordance with directions given to the parties, I asked to be provided with revised support calculations including contributions to past s. 7 expenses. Having received those revised calculations, I make the following additional final order:
The Respondent father’s child support arrears up to and including the month of September 2021 and including contributions to the child’s special and extraordinary expenses, are fixed at $8,699.57 (in accordance with the detailed calculations attached as Schedule “A”).
Beginning on October 1, 2021, and every month thereafter until further varied, the Respondent father shall pay basic child support to the Applicant mother for Hayden in the amount of $256 based on an imputed income of $30,000.
Beginning on October 1, 2021, the parties’ respective contribution towards the child’s allowed special and extraordinary expenses (net cost of health, dental and childcare expenses) is 31.5% for the Respondent father and 68.5% for the Applicant mother, based on the father’s imputed income of $30,000 and the mother’s estimated income of $65,326 for 2021.
Life insurance premiums
[2] The father does not have access to life insurance through his employment. I am of the view that the father does not have the financial means to pay for a private life insurance policy to secure his child support obligations given his modest means and his current child support obligations towards Hayden and his three other children. As such, I find that he does not have the financial ability to pay the premiums of the policy owned by the Applicant on his life to secure future child support.
Costs
[3] If the parties are unable to agree on costs, I will accept brief written submissions not exceeding 3 pages (exclusive of Offers to Settle and Bills of Costs) within the following timelines:
The Applicant mother to serve and file by October 29, 2021;
The Respondent father to serve and file by November 5, 2021;
The Applicant mother may serve and file a brief reply, not exceeding one page, if needed by November 12, 2021.
Audet J.
Released: October 14, 2021
SCHEDULE « A » TO THE SUPPLEMENTARY REASONS OF AUDET J. DATED OCTOBER 14, 2021
Basic Child Support
Child support was ordered to be paid at a rate of $107.00 per month commencing December 1, 2016, in addition to $44 per month towards daycare expenses. As of August 31, 2021, the Respondent was required to pay a total of $7,169.00 in basic child support for the period of December 2016 to and including September 2021, in addition to his monthly contribution to daycare expenses ($44 per month). The Respondent has exclusively paid through FRO. He is not up to date in his support payments, and as of August 30, 2021, was in arrears of $1,027.96 (which includes both basic child support and daycare expenses).
Based on my most recent order, the father should have paid the following amounts:
This means that the father owes an additional amount of basic child support of $7,547 for the period of December 2016 to and including September 2021 ($14,716 minus $7,169 charged by the FRO), bringing total arrears of basic child support to $8,574.96.
The Respondent’s share of net daycare costs for that period of time ought to have been $1,311, as per the calculations provided by counsel for the father. Given that the FRO has collected $44 per month for 53 months, the father has paid $2,332, resulting in an overpayment of $1,021.
The father’s contribution to the child’s dental and counselling costs to September 2021 ought to have been $117.65.
As a result, the father owes arrears of child support up to and including September 2021 in the amount of $8,699.57, calculated as follows:
arrears of $1,027.96
PLUS: adjustment of basic child support from December 2016 to and including September 2021: $8,574.96
MINUS: overpayment towards daycare costs: $1,021
PLUS: contribution to other s. 7 expenses: $117.65
COURT FILE NO.: FC-13-1778-2
DATE: 2021/10/14
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
COURTNEY MEACOE
Applicant
-and-
ANDREW DAVID ISAAC CUTLER
Respondent
SUPPLEMENTARY REASONS FOR JUDGMENT
Audet J
Released: October 14, 2021