Barnes v. Callahan, 2011 ONCJ 701

Brampton Registry No. 1756/97 DATE: 2011·IX·21 CITATION: Barnes v. Callahan , 2011 ONCJ 701 ONTARIO COURT OF JUSTICE BETWEEN: LISA MICHELLE BARNES Applicant — AND — ALEC LARRY CALLAHAN Respondent Before Justice Juliet C. Baldock Heard on 16 August 2011 Reasons for Judgment released on 21 September 2011 Lisa Michelle Barnes ........................................................................................... on her own behalf Alec Larry Callahan ............................................................................................. on his own behalf [ 1 ] JUSTICE J.C.

BALDOCK:— This is the applicant’s motion to change the support provisions of the order of Provincial Judge James D.

Karswick, granted on 13 February 1998, as it relates to the support of one child, Tristan Charles Sacrey, born on 1 November 1996 (now almost 15 years of age). [ 2 ] The parties have resolved all the issues raised in the motion to change save and except the quantum of base support and the respondent’s contribution to s.7 expenses both those already incurred and ongoing. [ 3 ] The parties’ financial information filed by way of income tax returns discloses that their respective incomes are as follows: Year Applicant Mother Respondent Father 2010 $57,822.00 $29,226.00 2009 $54,715.00 (not provided but stated to be $27,894.00) 2008 $50,864.00 $53,520.00 2007 $43,248.00 $56,956.00 [ 4 ] The existing order provides for monthly payments in the amount of $308.00 per month which would have reflected an income of approximately $34,000.00 at that time. [ 5 ] The respondent states he was unemployed from January to November 2010, during which period he received social assistance.

He has not provided a completed copy of his Record of Employment, but I accept his income was somewhat reduced in 2010.

To his credit, the respondent has paid up the arrears owed and, as of the August 16, 2011 court date, was in good standing with the Family Responsibility Office. [ 6 ] There is no claim for retroactive base support and having regard to the respondent’s year to date income from his current employer, Callahan Conveyor Services, being $24,233.00 as of June 12, 2011, I find that his 2011 income will fall in the $50,000.00 range. [ 7 ] Accordingly, I find grounds to vary the current level of support as of the commencement of the motion, April 1, 2011, to $462.00 per month.

[ 8 ] As to the extra expenses claimed, the applicant seeks a proportionate contribution to the cost of piano, guitar, football, school trips, camp etc. She also claims for daycare, dating back to 1999, and other costs such as Y.M.C.A. membership from 2006. I find that the claims for reimbursement prior to 2009 are too remote and outdated to be considered at this time. As to the other activities, the respondent argues that more than two per year is unreasonable.

The total amount claimed by the applicant is $2,689.34 for expenses arising since January 2009. [ 9 ] The activities described are discretionary, and while presumably of overall benefit to the child, such expenses must reflect the parties’ incomes and standards of living to be considered reasonable.

Furthermore, the applicant cannot incur expensive costs without the respondent’s consent and expect him to pay for them. [ 10 ] There is also a 2009 claim for orthodontics (braces) in the amount of $698.46 uninsured portion). [ 11 ] I accept as reasonable the following expenses: 2009 Orthodontics 698.46 Piano 32.92 One school trip 70.00 Total 801.38 The respondent’s contribution (34%) 272.47 2010 Piano 597.53 Football 109.93 Total 707.46 The respondent’s contribution (33.6%) 237.70 2011 Piano 567.28 School expenses 49.36 Total 616.64 The respondent’s contribution (46.4%) 286.12 ______ Total owed by the respondent $796.29 [ 12 ] It appears that on a go forward basis the parties’ incomes will be relatively similar and that the costs associated with extra activities for the child will be approximately $600 - $650 per year, which I find to be reasonable. [ 13 ] For these reasons, I make the following order: 1.

The order of Justice Karswick dated February 13, 1998 is hereby varied. The respondent shall pay for the support of one child, Tristan Charles Sacrey, born November 1, 1996, the sum of $462.00 per month, commencing effective April 1, 2011, based on the respondent’s projected 2011 income of approximately $50,000.00. 2. Any arrears created by this order shall be paid at the rate of $88.00 per month commencing December 1, 2011 until paid in full. 3. Arrears of s.7 expenses are fixed in the amount of $796.29 to the end of 2011, to be paid on or before March 31, 2012.

4. The applicant will, commencing January 1, 2012, provide the respondent with receipts for all extra expenses incurred for the child, which shall be for no more than two activities per year. The respondent shall within 30 days of receipt reimburse the applicant for 50 per cent, but the respondent’s contribution shall not exceed $350.00 in any calendar year. 5. The respondent shall also contribute 50 per cent of the net cost of any necessary health related expenses incurred by the applicant for the child after all available insurance benefits have been applied.

The respondent shall pay his share of same within 30 days of being provided with proof of the expense. 6. No order as to costs. 21 September 2011 Justice Juliet C. Baldock