Nguyen v. Nguyen, 2025 ONSC 2171

COURT FILE NO.: FS-21-22463
DATE: 2025-04-25
ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:
Quyen Dinh Nguyen, Applicant
– and –
Linh Thi Hanh Nguyen, Respondent

Applicant: Self-Represented
Respondent: Self-Represented

Heard: October 7, 8, 9, 2024, April 14, 2025
Justice: Janis S. Shin Doi

I. Introduction

[1] The parties were married on December 30, 2005. The parties have one child who was born on December 17, 2014, and is now 10 years old (the “Child”).

[2] On January 9, 2024, a hearing was held on the issues of the date of separation and the validity of a marriage contract dated July 25, 2016 (the “Marriage Contract”). I found that the date of separation was January 31, 2018 and upheld the validity of the Marriage Contract. A trial was subsequently held before me in October 2024 to determine child support, section 7 expenses, the Matrimonial Home (as defined below), equalization, spousal support, and parenting time. In April 2025, the parties made additional submissions on the calculations.

[3] I conclude that the Father shall pay the table amount of child support for the Child as set out below and that the Father is in arrears of child support in the sum of $23,001.00 from June 30, 2019 to December 31, 2024. I further conclude that the section 7 expenses for the Child shall be shared on a 50/50 basis, the Father shall have a 30% interest in the Matrimonial Home as of the date of separation pursuant to the Marriage Contract, and the Mother shall pay the Father the sum of $80,971.07 from the proceeds of sale of the Matrimonial Home, representing his 30% interest. Since the Mother has already paid the amount of $50,000.00, the balance owing is the amount of $30,971.07. I find that in the result after setting off the amount owed by the Father for child support arrears, the Mother shall pay the amount of $7,970.07 to the Father. I also conclude that there shall be no equalization payment and the Father is not entitled to spousal support pursuant to the Marriage Contract. I find that it is in the best interests of the Child that the parenting time schedule continues. The parties have agreed on the parenting time schedule and terms for the Father as set out below.

II. Facts

[4] The Father was born in Vietnam on March 1, 1971 and the Mother was born in Vietnam on January 15, 1978. The Father immigrated to Canada in May 1991.

[5] The parties were married in Vietnam on December 30, 2005. On June 28, 2006, the Mother arrived in Vancouver, British Columbia, as a landed immigrant sponsored by the Father.

[6] The parties moved to Toronto, Ontario so that the Mother could attend school to qualify as a dentist. In September 2008, the Mother worked as a dental assistant and attended a dental hygiene diploma program. She graduated from the dental hygiene program in 2010. She then attended a private dentistry training centre in Mississauga from 2010 to 2013 and became a licensed dentist in March 2014.

[7] On June 2, 2011, the parties purchased a townhouse municipally known as 11 San Carmelo Way, North York, Ontario for a purchase price of $260,000 (the “Matrimonial Home”). The parties made a deposit of $80,000 and obtained a mortgage of $170,000.

[8] On December 17, 2014, the Mother gave birth to the Child.

[9] The Mother alleges that there was family violence.

[10] The parties entered into the Marriage Contract on July 25, 2016. The Marriage Contract covers property, equalization, spousal support, trusts, debts and obligations, estate rights, custody, and access.

[11] The parties separated on January 31, 2018. The parties continued to live together in the Matrimonial Home until June 30, 2019.

[12] The parties were divorced pursuant to a Divorce Order dated May 24, 2019. The Divorce Order states that the Mother shall have sole custody of the Child.

[13] On May 29, 2019, the Mother paid the Father the amount of $50,000 for his interest in the Matrimonial Home and the Father transferred his interest to her on May 30, 2019.

[14] On June 30, 2019, the Father moved out of the Matrimonial Home.

[15] On September 5, 2019, RBC discharged the mortgage given by the parties on the matrimonial home.

[16] In December 2019, the Mother purchased a dental practice in North York that she financed with a bank loan.

[17] Since July 2020, the Father has paid approximately $200 per month in child support on an inconsistent basis.

[18] On March 25, 2021, the Mother purchased her new home for $1,095,000.

[19] On March 29, 2021, the Mother listed the Matrimonial Home for sale. The Matrimonial Home was sold for $690,500 on April 19, 2021.

[20] On March 30, 2021, the Father commenced an Application for support, decision-making responsibility, parenting time, equalization, and sale of family property.

[21] On May 5, 2021, the Mother filed her Answer, claiming child support, decision-making responsibility, and parenting time.

[22] On May 20, 2021, the court ordered that the Mother may proceed with the sale of the Matrimonial Home and the purchase of another property. The court further permitted the Father to register a certificate of pending litigation on the new property.

[23] In January 2021, the Mother renovated and repaired the Matrimonial Home.

[24] In June 2021, the Matrimonial Home was sold.

[25] On January 12, 2022, the parties attended a Case Conference and agreed to a temporary without prejudice order for child support as well as a schedule for parenting time for the Child. The Father agreed to pay child support on an interim, without prejudice basis, in the amount of $671 per month commencing on February 1, 2022. The parties agreed that the Father shall have parenting time with the Child every other weekend, with pick up from the Mother’s residence at 5 pm on Fridays and drop offs at 5 pm on Sundays.

[26] On October 19, 2022, leave was granted to the parties to bring a summary judgment motion on the date of separation and the validity of the Marriage Contract.

[27] On January 9, 2024, a hearing was held on the issues of the date of separation and validity the Marriage Contract. The court found that the date of separation was January 31, 2018 and that the Marriage Contract was valid.

III. Issues

[28] The following are the issues to be determined:

1. How much child support is payable?
2. How should section 7 expenses be apportioned?
3. How should the proceeds of sale of the Matrimonial Home be divided?
4. How much is the equalization payment?
5. Is the Father entitled to spousal support? If so, in what quantum and for what duration?
6. What parenting time for the Father is in the Child’s best interest?

IV. Analysis

1. How much child support is payable?

[29] The Mother has primary residence of the Child and decision-making responsibility for the Child. The Father is required to pay child support for the Child pursuant to the Divorce Act, s. 15.1. The Federal Child Support Guidelines “establishes a fair standard of support for children that ensures that they continue to benefit from the financial means of both spouse after separation.”

[30] The Father’s total income as indicated in the Notices of Assessment is as follows:

• 2023: $91,372.00
• 2022: $82,297.00
• 2021: $74,101.00
• 2020: $81,600.00
• 2019: $79,954.00
• 2018: $91,782.00

[31] The Father has now provided his total income for 2024 which is $92,541.67.

[32] According to the Divorcemate calculations, the Father is required to pay child support in the table amount to the Mother as follows:

• 2024: $851 per month x 12 = $10,212.00
• 2023: $842 per month x 12 = $10,104.00
• 2022: $767 per month x 12 = $9,204.00
• 2021: $692 per month x 12 = $8,304.00
• 2020: $761 per month x 12 = $9,132.00
• 2019: $745 per month x 6 = $4,470.00

Total: $51,426.00 from June 30, 2019 to December 31, 2024.

[33] The Mother states that the Father paid child support inconsistently.

[34] The Mother states the Father paid $1,590.00 for 2020, $2,400.00 for 2021, $7,381.00 in 2022, $8,052.00 in 2023, and $8,052.00 in 2024. The Mother calculates that the Father paid the sum of $27,475.00 from 2020 to 2024.

[35] The Mother states that the Father’s child support arrears from July 1, 2019 to December 31, 2024 is $23,951.00. The Mother further states that the Father’s child support arrears are an additional $13,551.00 from the date of separation. However, the parties lived together with the Child from January 30, 2018 to June 30, 2019 and in my view, had shared parenting time and made equal contributions so there is no child support payable during that period.

[36] The Father has prepared a chart and states that he paid $200.00 from July to December 2019, $2,400.00 for 2020, and $2,400.00 for 2021. On January 12, 2022, the Father agreed to pay child support on an interim, without prejudice basis, in the amount of $671.00 per month commencing on February 1, 2022. He states that he paid $671.00 per month from February 2022 to December 2022, and for the entire year 2023. He calculates that he paid $7,581.00 in 2022 and $8,052.00 in 2023. For 2024, he states that he has paid $8,052.00 until December 2024. The Father states that he should be credited the sum of $28,685.00.

[37] If the Father is credited the sum of $28,685.00 until December 2024, then he owes child support arrears in the sum of $22,741.00 from June 30, 2019 to December 31, 2024. There is a difference of $1,210.00 from the sum of $23,951.00 claimed by the Mother. The difference in the parties’ calculations is based on the following: the Mother has claimed that the Father did not pay any child support instead of $200 in 2019, $1,590.00 instead of $2,400 in 2020, and $7,381.00 instead of $7,581.00 in 2022. I find evidence of child support payments made by the Father from 2020 to 2024, I conclude that the Father owes child support arrears in the sum of $23,001.00. In my calculation, I credited the Father $200.00 for 2019, $2,140.00 instead of $2,400.00 for 2020, and $7,581.00 for 2022.

2. How should section 7 expenses be apportioned?

[38] The Father requests that he be obligated to pay 30% of section 7 expenses and the Mother pay 70% of section 7 expenses.

[39] The Federal Child Support Guidelines, s. 7(1) provides that a court may provide for special or extraordinary expenses. Subsection 7(2) provides that the guiding principle in determining the amount of an expense is that the expense is shared by the spouses in proportion to their respective incomes.

[40] The Father’s income is set out above. The Mother states her total income as indicated in the Notice of Assessment is as follows:

• 2023: $15,903.00
• 2022: $19,567.00
• 2021: $37,596.00
• 2020: $43,462.00
• 2019: $20,295.00
• 2018: $63,360.00

[41] I am of the view that the Mother’s income set out in the Notice of Assessment does not fairly reflect all the money available to the Mother. The Mother is a shareholder of a corporation that operates her dental practice. The financial statements of the corporation indicate that the Mother has retained earnings of $183,636.00 with net earnings of $54,748.00 in 2022, and $127,401.00 with net earnings of $71,235.00 in 2021. In 2023, the Mother has retained earnings of $251,465.00 with net earnings of $67,829.00.

[42] Subsection 18(1) of the Child Support Guidelines sets out the method to calculate a spouse’s income where a spouse is a shareholder.

Shareholder, director or officer
18 (1) Where a spouse is a shareholder, director or officer of a corporation and the court is of the opinion that the amount of the spouse’s annual income as determined under section 16 does not fairly reflect all the money available to the spouse for the payment of child support, the court may consider the situations described in section 17 and determine the spouse’s annual income to include
(a) all or part of the pre-tax income of the corporation, and of any corporation that is related to that corporation, for the most recent taxation year; or
(b) an amount commensurate with the services that the spouse provides to the corporation, provided that the amount does not exceed the corporation’s pre-tax income.

Adjustment to corporation’s pre-tax income
(2) In determining the pre-tax income of a corporation for the purposes of subsection (1), all amounts paid by the corporation as salaries, wages or management fees, or other payments or benefits, to or on behalf of persons with whom the corporation does not deal at arm’s length must be added to the pre-tax income, unless the spouse establishes that the payments were reasonable in the circumstances.

[43] The Mother is a shareholder of the corporation and the corporation’s pre-tax income is set as follows:

• 2023: $67,829.00
• 2022: $71,235.00
• 2021: $54,748.00
• 2020: $80,474.00
• 2019: Loss of $2,735.00
• 2018: $61,913.00

[44] Accordingly, pursuant to subsection 18(1) of the Child Support Guidelines, I impute income to the Mother, adding the corporation’s pre-tax income noted above to her income in the Notice of Assessment as follows:

• 2023: $15,903.00 + $67,829.00 = $83,732.00
• 2022: $19,567.00 + $71,235.00 = $90,802.00
• 2021: $37,596.00 + $54,748.00 = $92,344.00
• 2020: $43,462.00 + $80,474.00 = $123,936.00
• 2019: $20,295.00 + ($2,735.00) = $17,560.00
• 2018: $63,360.00 + $61,913.00 = $125,273.00

[45] I find that the Mother’s imputed income is comparable to the Father’s income set out in his Notice of Assessment. Accordingly, I order that section 7 expenses for the Child be shared equally, 50% and 50% from January 31, 2018.

3. How should the proceeds of sale of the Matrimonial Home be divided?

[46] The Father seeks an equal share or 30% of the sale proceeds of the Matrimonial Home sold on June 18, 2021. The Mother argues that the Father is entitled to a 30% interest in the Matrimonial Home pursuant to the Marriage Contract.

[47] The Marriage Contract, Article II, section 3 provides that the matrimonial home is registered with the parties owning 50% as tenants-in-common and that “the parties agree that [the Mother] shall have 70% interest and the Father shall have 30% interest in this property notwithstanding the registration of the Transfer with 50% ownership”.

[48] The Family Law Act, s.52(2) provides that a provision in a marriage contract purporting to limit a spouse’s rights under Part II (Matrimonial Home) is unenforceable. However, the “rights” deal with possessory rights to the Matrimonial Home. Accordingly, the Marriage Contract is still valid and the provision dealing with the interests in the Matrimonial Home is enforceable.

[49] The Mother filed a Retrospective Appraisal Report dated March 28, 2022 prepared by Myron Dmytryshyn, Real Property Appraisers Inc. which indicates that the Matrimonial Home had an estimated value of $410,000.00 on January 31, 2018.

[50] The Mother argues that from the estimated value of $410,000.00, the mortgage of $122,320.39 should be deducted as well as the renovation of $9,700.00, nominal costs, legal fees, and appraisal fees, so the net value of the Matrimonial Home is $259,003.57. The Mother states that she paid $50,000.00 and so the Father is owed $27,701.07.

[51] There is supporting evidence that the Mother paid the Father the amount of $50,000.00 in cash and assumed a mortgage of $47,500.00. There is an acknowledgement signed by the parties that the Father would receive $50,000.00 and that the Father would be removed from title and title would be held by the Mother.

[52] The renovation was completed in 2021 and so the amount of $9,700.00 would not be deductible at the date of separation because the Mother benefitted from it when the Matrimonial Home was sold. The appraisal completed by the Mother in 2022 would also not be deductible as of the date of separation because it is necessary to support the Mother’s claim as to the value of the Matrimonial Home as of the separation date. The Mother claims commission and applicable taxes of $16,215.50 for closing adjustments and the legal fee of $1,560.54 which are deductible. For clarity, the Mother claims only that portion of the commission and taxes applicable on the value of the Matrimonial Home as of January 31, 2018.

[53] The Father’s 30% share of the Matrimonial Home as of January 31, 2018 then is:

• Value of the Matrimonial Home: $410,000.00
• Less mortgage: $122,320.39
• Less legal fees: $1,560.54
• Less commission and applicable taxes: $16,215.50
• Total: $269,903.57

The Father’s interest is 0.30 x $269,903.57 = $80,971.07

[54] The Father already received $50,000.00 from the Mother so the Father is owed $30,971.07 from the proceeds of sale of the Matrimonial Home. The Mother shall pay that amount to the Father. The Mother may set off the amount of child support arrears owed by the Father against the amount owed to the Father.

4. How much is the equalization payment?

[55] While each of the Father and the Mother submitted a Net Family Property Statement dated January 31, 2018, the parties had agreed in the Marriage Contract that there would be no equalization. The Marriage Contract, Article VII, section 1 states that the parties “shall always have a net family property of zero”. Section 2 provides that “the parties waive all rights to share in any way in the property of the other on termination of their marriage.” Subsection 3(b) provides “there will be no equalizing of their net family properties on termination of their marriage.” Accordingly, there is no equalization payment owing from one party to the other party.

[56] Further, the parties agreed in the Marriage Contract, Article VII, section 6, that the joint bank account listed as the Preferred Checking Account will be the property of the Father alone.

5. Is the Father entitled to spousal support? If so, in what quantum and for what duration?

[57] The Father claims spousal support on the grounds that he spent $60,000.00 to support the Mother’s dental education and training in Canada before the Mother became a licensed dentist in May 2014.

[58] I am satisfied that no spousal support is payable by the Mother to the Father. The parties agreed in the Marriage Contract, Article VII, section 5, that there shall be no spousal support paid by either party. In any event, the Father did not demonstrate a compensatory or needs basis for spousal support during the trial. It is not necessary to analyze quantum and duration.

6. What parenting time for the Father is in the Child’s best interest?

[59] The Mother has primary care of the Child and decision-making responsibility pursuant to the Divorce Order. It is clear in the evidence that the Child is loved by both parents and that the parents are co-parenting well. The Mother states that the Child prefers to continue with the current parenting time schedule which has been in effect since January 12, 2022. I find that it would be in the best interest of the Child to continue with the current parenting time schedule. The parties agree that the following parenting time schedule and terms shall be continued for the Father:

a. The Father shall continue to pick up the Child from her school yard at 5 pm on Fridays and drop her off at 5 pm on Sundays at the school yard, every other weekend.
b. The Child shall sleep in her own bedroom.
c. The Father shall not leave the Child with any other person for more than one-hour total during the course of a parenting weekend except for any extra-curricular activities.
d. The Father is permitted to bring the Child to the Catholic church during his parenting time.
e. The Father shall bring the Child to her extracurricular activities during his parenting time.

[60] The parties also agree that the parties shall not discuss financial issues or other issues in this litigation with the Child and that neither party shall disparage the other party in the presence of the Child, nor permit a third party to do so.

V. Disposition

[61] The Father shall pay child support arrears in the amount of $23,001.00 as of December 31, 2024. The Father shall provide his Notice of Assessment for 2024 and each year thereafter to the Mother to determine the table amount of child support payable. The Father shall continue to pay the table amount of child support for the Child.

[62] The parties shall share the section 7 expenses for the Child on a 50/50 basis, from January 31, 2018. The parties shall exchange a list of section 7 expenses for the Child from January 31, 2018 to apportion the expenses on a 50/50 basis.

[63] The Mother shall pay the Father the amount of $30,971.07 from the proceeds of sale of the Matrimonial Home. The Mother may set off the amount owed by the Father against that amount so that the Mother may pay the Father the amount of $7,970.07.

[64] The Father is not entitled to spousal support or equalization pursuant to the Marriage Contract. I dismiss the Father’s claim for spousal support and equalization.

[65] The parties agree on the parenting time schedule and terms as noted above.

[66] If there is a calculation error or an implementation issue, the parties may schedule a case conference with me at 9 am on any morning through the Family Trial Office.

[67] The Mother seeks costs in the amount of $53,424.20. In my view, there was divided success and each party should pay her/his own costs of the trial. If the parties are unable to agree on costs, they may make written submissions on costs within 15 days, no longer than 5 pages. The cost submissions shall be sent to the Family Trial Office to my attention with a copy to my Judicial Assistant, gladys.gabbidon@ontario.ca.

Janis S. Shin Doi
Released: April 25, 2025