Pelletier-Shaw v. Maloney, 2011 ONCJ 601

Brampton registry No. 633/07 DATE: 2011·11·23 Citation: Pelletier-Shaw v. Maloney , 2011 ONCJ 601 ONTARIO COURT OF JUSTICE BETWEEN: LAURA ELIZABETH PELLETIER (née SHAW) Applicant — AND — MICHAEL JASON MALONEY Respondent Before Justice Juliet C. Baldock Heard on 21 November 2011 Reasons for Judgment released on 23 November 2011 STATUTES AND REGULATIONS CITED Child Support Guidelines , O. Reg. 391/97 [as amended],

section 7 . Applicant mother, Laura Elizabeth Pelletier ......................................................... on her own behalf Respondent father, Michael Jason Maloney .......................................................... on his own behalf [ 1 ] JUSTICE J.C. BALDOCK:— The applicant mother brought a motion to change the order of Justice Juliet C.

Baldock, granted on 25 July 2008, with respect to access and extraordinary expenses. [ 2 ] The parties resolved the main access issue by minutes of settlement filed on 21 November 2011. [ 3 ] They then consented to an order with respect to make-up access for weekends missed during the applicant’s summer vacation. [ 4 ] The remaining issue is that of expenses under

section 7 of the Child Support Guidelines , O. Reg. 391/97, as amended. [ 5 ] The parties are the parents of Scarlett Elizabeth Shaw and Morgan Samuel Morgan Shaw, both born on 4 December 2006. [ 6 ] The applicant argues that she requires a contribution from the respondent for the cost of summer camp and child care over the March break. [ 7 ] The applicant has a flexible work

schedule and can work from home. This enables her to be available to care for the children outside school hours and she does not therefore require regular day care. [ 8 ] However, her job does necessitate a certain number of working hours each week such that, when the children are at home during the spring school break and summer vacation periods, she enrols them in day camp. [ 9 ] The respondent argues that as per the order of 20 November 2008, (paragraph 3), he was to pay the sum of $4,104.00 as his contribution to day-care costs.

This is payable at the rate of $50 per month. [ 10 ] Paragraph 6 of that order states that “there shall be no contribution by the respondent towards the children’s ongoing day- care expense, subject to a material change in circumstances in the future”. [ 11 ] The applicant maintains that, as she is now employed, a change in circumstances has occurred. [ 12 ] I find that the change that has occurred does qualify as material, in that the applicant is now earning an income, which, together with the child support and other benefits received, is only slightly less than that of the respondent.

[ 13 ] It is fortunate that the applicant is able to work from home on a flexible schedule. Were it otherwise, she would doubtless incur the cost of before and after-school care for the children. [ 14 ] The respondent argues that he or his family could provide care during the summer but clearly that is not what was envisioned by the current access arrangements and I accept that the children benefit from attending the structured environment of the summer camp. [ 15 ] I also accept that the applicant’s return to work constitutes a change in circumstances.

I do not find the expenses claimed to be unreasonable and the respondent certainly benefits from the applicant’s work arrangements, which do not give rise to an ongoing day-care expense. However, I find no grounds to justify payment of expenses incurred prior to the commencement of this motion. [ 16 ] Accordingly, I make the following order: 1. The respondent shall pay $413.00, being 50% of the extra expenses already incurred by the applicant for the period from 4 July 2011 to date (totalling $816.00). Such sum shall be paid at the rate of $25.00 per month commencing on 1 December 2011. 2.

Commencing in 2012, the respondent shall contribute 50 per cent of the camp costs for the children Scarlett Elizabeth Shaw and Morgan Samuel Shaw, both born on 4 December 2006, incurred by the applicant mother for the spring break and summer school holidays within 60 days of being presented with receipts for same. [ 17 ] Support deduction order to issue.