COURT FILE NO.: FS-20-67-00
DATE: 2023-06-09
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Freida Marlene Strutzenberger
Self-Represented
Applicant
- and -
Peter Alexander Strutzenberger
Self-Represented
Respondent
HEARD: May 23, 2023 at Kenora, Ontario via Zoom
Madam Justice H. M Pierce
Reasons on Motion to Change
Introduction
[1] Mr. Strutzenberger seeks a variation of the final judgment of spousal support made by Justice Newton on February 23, 2018 after a four-day trial. He seeks a variation based on a reduction in his income from 2019 forward. A succinct summary of the history of the litigation can be found in the case conference endorsement made by Justice Fregeau on February 23, 2021.
[2] The Newton J. judgment required him to pay Ms. Strutzenberger monthly spousal support of $2,630 based on his imputed income of $115,000 and her imputed income of $14,789, commencing January 1, 2018.
[3] On May 2, 2018, Justice Newton also ordered Mr. Strutzenberger to pay costs of $43,537.28. Mr. Strutzenberger appealed both orders and abandoned his appeals. Thus, he cannot now pursue a variation of arrears retroactive to 2013 or costs encompassed by Justice Newton’s judgment. His motion to vary spousal support arrears fixed by Justice Newton and costs awarded in that proceeding are dismissed.
[4] A variation was made by me on March 21, 2019 reducing spousal support to the amount paid in February 2019 of $1,315 and for March 2019 of $1,000 when Mr. Strutzenberger was briefly unemployed. His obligation to pay spousal support in the amount of $2,630 per month was ordered restored on April 1, 2019. No subsequent variation was made.
[5] Mr. Strutzenberger served another motion to vary the Newton J. judgment and costs order dated December 10, 2020. On March 9, 2023, he served yet another motion to change seeking the same relief. Not surprisingly, Ms. Strutzenberger seeks a declaration that her former husband is a vexatious litigant.
[6] Spousal support arrears are now $102,904.35 according to records from the Family Responsibility Office (“FRO”) dated March 13, 2023. The arrears continue to accumulate at the rate of $2,630 per month.
[7] At the case conference before Justice Fregeau, Mr. Strutzenberger was credited $27,500 against spousal support arrears. The FRO has credited this amount.
[8] Mr. Strutzenberger is now 67; Ms. Strutzenberger is 69. They have had a long marriage. Each is retired and reliant on government pensions that are inadequate for their needs.
[9] I am satisfied that the parties have come to the end of their working lives which is a material change in circumstances. Ms. Strutzenberger is now unemployed and has only Old Age Security (“OAS”) and Canada Pension (“CPP”) to rely on, totalling $1,380 per month.
[10] Mr. Strutzenberger is also wholly dependent on OAS and CPP.
[11] With respect to spousal support arrears, I will evaluate the incomes of each from 2019 forward, based on their income tax filings which are now before the court, and consider the application of the Spousal Support Advisory Guidelines (“SSAG”) based on a “without child support” formula to calculate arrears of spousal support.
2019
Marlene’s income Peter’s income
$37,210 $82,331
[12] Peter owes Marlene $1,645 per month based on the mid-range SSAG calculation or a total of $19,740 for the year 2019.
2020
Marlene’s income Peter’s income
$44,549 51,004
[13] Peter owes Marlene $235 per month based on the mid-range SSAG calculation or a total of $2,820 for 2020.
2021
Marlene’s income Peter’s income
$53,527 $20,288
[14] Marlene owes Peter $1,212 based on the mid-range SSAG calculation or a total of $14,544 for 2021.
2022
Marlene’s income Peter’s income
$54,701 $18,467
[15] Marlene owes Peter $1,321 based on the mid-range SSAG calculation or a total of $15,852 for 2022.
[16] The arrears of support shall be reduced accordingly.
[17] A credit therefore arises in favour of Peter. I find that Peter will receive a credit for $7,836 against his outstanding spousal support arrears. This figure represents the sum of spousal support owing between Peter and Marlene for the years 2019 to 2022.
[18] As the incomes of the parties have become comparable based on their withdrawal from employment and receipt of government pensions, it is appropriate to terminate spousal support effective December 31, 2022. I order that all new spousal support dues accruing to Peter on or after January 1, 2023 are extinguished.
[19] If Ms. Strutzenberger wishes to pursue her motion, I may be spoken to.
[20] This is not a case for costs.
“original signed by”
The Hon. Madam Justice H.M. Pierce
Released: June 9, 2023
COURT FILE NO.: FS-20-67-00
DATE: 2023-06-09
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Freida Marlene Strutzenberger
Applicant
- and -
Peter Alexander Strutzenberger
Respondent
REASONS ON MOTION TO CHANGE
Pierce J.
Released: June 9, 2023