COURT FILE NO.: FS-22-33384 DATE: 20240506 ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
SABRINA SIGALAS Applicant
– and –
APOSTOLOS SIGALAS SELAS Respondent
Counsel: Meghann P. Melito, for the Applicant Not Participating
HEARD IN WRITING: April 26, 2024
Leiper, J.
SUPPLEMENTARY REASONS FOR JUDGMENT ON AN UNCONTESTED TRIAL
INTRODUCTION
1This is a decision following further submissions made on an uncontested trial by the Applicant, Sabrina Sigalas (the “Applicant” or “Sabrina”), on parenting issues, support, section 7 expenses, division of property and whether to grant a divorce.
2For reasons issued March 12, 2024 in Sigalas v. Sigalas Selas 2024 ONSC 1474, I made several orders relative to parenting time, child support, spousal support and ancillary other orders.
3Given the evidence at trial and the delay between the swearing of the affidavits in support of the orders sought and my receipt of the materials, I sought further evidence from the Applicant as follows:
Further Information to be Supplied
80I make the Order set out below. After I have signed the Order, I will issue a further Order once the Applicant provides the following information, which should be sent to my attention through the Family Portal within 45 days, together with a draft Order incorporating the amounts:
a. A document setting out the child support arrears calculations based on the Respondent’s income and including updated credit for amounts paid prior to February 26, 2024. b. A document setting out the updated income projections for the Applicant as of February 2024, with DivorceMate spousal support calculations based on that projected income and the Respondent’s imputed income. c. Information as to the proposed monthly budget and nature of activities that would qualify as s. 7 extraordinary expenses. d. Updated calculations based on the parties’ respective incomes as to their proportionate share of the s. 7 extraordinary expenses. e. A document setting out the income ratios, taking into account any updated income for the Applicant which may alter those ratios for section 7 allocation for the requested retroactive section 7 expenses, including any credits to be applied. f. A document setting out the calculations for pre-judgment interest on the equalization payment of $59,515.05. g. Further information on any life insurance currently in place for the Respondent. h. Information as to whether the Respondent has complied with the order of Faieta J. to provide a family car to the Applicant.
4The Applicant has provided further evidence and submissions. I will address each piece of evidence in the order set out above.
a. A document setting out the child support arrears calculations based on the Respondent’s income and including updated credit for amounts paid prior to February 26, 2024:
The Applicant has filed a table setting out the child support arrears calculations based on the Respondent’s imputed income of $300,00 and including any credits for amounts paid prior to February 26, 2024. Based on the material filed, I find that the Respondent owes child support arrears in the amount of $63,555.00 and will make that order.
b. A document setting out the updated income projections for the Applicant as of February 2024, with DivorceMate spousal support calculations based on that projected income and the Respondent’s imputed income:
The Applicant had hoped to sell the documentary series she was negotiating in the Fall of 2023. This did not happen. She presently receives Ontario Works income in the amount of $1.054 per month. As of February 2024, her projected income is $12,684 annually. While she has completed her real estate licence certification course from Humber College and has a position with a brokerage, she has not yet received any income from this profession. It will take time to build a portfolio. The DivorceMATE calculations under the SSAGs provide for spousal support at the low end of $5,610, Mid at $6,372 and High at $7070. The Applicant seeks mid-range spousal support from May 1, 2024, in the amount of $6,372, and I make such an order. From June 2023, the Respondent is ordered to pay retroactive spousal support in the amount of $5,776 for five months for a total of $40,432 and $25,448 for the first four months of 2024, for a total retroactive spousal support award of $65,920.
c. The proposed monthly budget for s. 7 expenses for the two children of the marriage is $1,633 per month which includes the cost of summer camps (sport and art camps which are budgeted at $300 per week per child), art, theater, swimming, soccer and gymnastics activities throughout the year at a budgeted cost of $2,400 for both children during the school year, child care before and after school at a cost of $850 per month or $8,500 per year, additional other childcare costs of $2,400 and pizza lunches/school trips of $1,500 per year:
I decline to add the general childcare costs over and above childcare on school days. I also decline to include as s. 7 extraordinary expenses the cost of food (school pizza lunches) or school outings as these should fall within table child support. Thus the monthly budget for s. 7 extraordinary expenses is $1308.
d. Calculations based on the parties’ respective incomes as to their proportionate share of the s. 7 extraordinary expenses:
I apply 71.5% to the Respondent’s proportionate share of s. 7 expenses of summer camp, extracurricular activities and child-care before and after school, this yields an order for monthly fixed section 7 expenses of $15,700/12 X .715 for a monthly contribution of s. 7 expenses of $935.45.
e. Proportionate share of retroactive s. 7 expenses:
The Applicant has filed an affidavit which puts the parties’ respective share of retroactive s. 7 expense as 73% for the Respondent and 27% for the Applicant. The Applicant reports that the Respondent has paid more than his proportionate share of s. 7 expenses since the date of separation, thus he is owed an adjustment of $3,048.09, which shall be credited as against his first four months of s.7 expenses owed prospectively.
f. A document setting out the calculations for pre-judgment interest on the equalization payment of $59,515.05:
The applicable pre-judgment interest rate on the equalization payment is 1.8% which shall be applied as of the date of this endorsement and shall be part of the order.
g. Further information as to life insurance:
The Applicant confirms that the Respondent has life insurance in place through the Canada Life coverage portal. The current policy is for $100,000. This is inadequate to insure the Respondent’s child and spousal support obligations. I order that the Respondent increase his life insurance coverage with a face value of $500,000 to secure his child support obligations, and for a further $700,000 to secure his spousal support obligations, naming the Applicant as his irrevocable beneficiary. The combined total of life insurance coverage required is $1.2 Million.
h. The Status of Compliance with the Order of Faieta, J. regarding the family car:
The Respondent is required to forthwith provide the family car, or lease a comparable vehicle, for the Applicant, to bring himself into compliance with the order of Faieta, J.
5In addition to these outstanding issues, the Applicant has provided evidence of friction as between herself and the Respondent around their parenting time schedule. Her affidavit states that the Respondent often requests last minute adjustments to his time with the children, but that similar requests to accommodate the Applicant’s vocational studies are met with “hostility” by the Respondent. The Applicant has filed some of the email exchanges in support of seeking an advance schedule.
6It is in the best interests of the children that there be consistency around the parenting time. If the parties know in advance what the schedule will be then there should also be less risk of conflict. The Applicant proposes, and I order that subject to changes agreed upon by the parties, in writing and in advance, the Respondent will have parenting time for May, June and July of 2024 as follows: Alternating weekends from 3:00 p.m. (with pick up taking place at school on regular school days) until Monday morning (drop off at school). On days when school is not in session, pick up and drop off shall be at the home of the Applicant and the children.
7An order in accordance with these supplementary additional orders may be sent to me via my judicial assistant.
Leiper, J.
Date Released: May 6, 2024