SS v AS, 2021 ABQB 38

Court of Queen’s Bench of Alberta Citation: SS v AS, 2021 ABQB 38 Date: 20210118 Docket: 4801 169820 Registry: Calgary Between: SS also known as SK Plaintiff - and - AS Defendant Corrected judgment: A corrigendum was issued on March 5, 2021; the corrections have been made to the text and the corrigendum is appended to this judgment. _______________________________________________________ Supplemental Reasons for Judgment of the Honourable Mr. Justice Bryan E. Mahoney _______________________________________________________ [ 1 ] On December 23, 2020 I filed my written Reasons for Judgment in this matter.

On January 7, 2021, Counsel for the Father, A.S., wrote to me regarding what he submitted may have been a miscalculation in the amounts set out in paragraph 77 of the Reasons. In

reviewing his letter and paragraph 77, I can see that there maybe ambiguity in how the amounts of child support are calculated, particularly when comparing those amounts with Exhibit 75.

To clarify any ambiguity, I have prepared this supplement to the Reasons. [ 2 ] Paragraph 77 of the Reasons for Judgment dated December 23, 2020 will read as follows: [77] Weighing all the factors in s. 9 of the Guidelines the calculations as to past amount owing, in reviewing the Mother's calculations in exhibit 67 and the Father's calculations in exhibit 75, I find that the without prejudice order of Justice Anderson of November 13, 2018 ought to apply as to the amounts owing as of that date.

I also accept the Father’s submission as to the total amount of child support currently owing for 2015-2020 is $26,063.00 (see page 3, Exhibit 75). As discussed in paragraphs 73-76, acknowledging that the Father paid the largest part of child support, it was not necessary in this case to examine the percentage of shared parenting time and then re- calculate s. 3 amounts owed accordingly. The father's claim of $8,441.00 for his s. 3 re-calculation of shared parenting percentage time is denied.

I set the total child support owed by the Mother to the Father calculated as follows: Total child support owed by the Mother to the Father (2015-2020) $26,063.00 Less support owed and paid by the Mother to the Father - see order of Nov. 13/18 $11,391.17 Underpayment of child support owing by the Mother to the Father (total) $14,671.83 Dated at the City of Calgary, Alberta this 18 th day of January, 2021. Bryan E. Mahoney J.C.Q.B.A. Appearances: Joy Dukeshire for the Plaintiff Rupert N.

Joshi for the Defendant _______________________________________________________ Corrigendum of the Supplemental Reasons for Judgment of The Honourable Mr. Justice Bryan E. Mahoney _______________________________________________________ Page 2, para 2, second last line has been changed from "Less support owed by the Father to the Mother - see order of Nov. 13/18" to "Less support owed and paid by the Mother to the Father - see order of Nov. 13/18"