QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2005 SKQB 484 Date: 20051115 Docket: Div. No. 336/1995 Judicial Centre: Saskatoon, Family Law Division BETWEEN: BEVERLEY LOY AASTON (ALM) and BRIAN ANDREW CARGILL ALM Counsel: Beverley Loy Aaston on her own behalf D. J. Fisher for the respondent FIAT RYAN-FROSLIE J. November 15, 2005 1) The petitioner, Beverley Loy Aaston applies to have arrears fixed with regard to s. expenses related to her daughter’s post-secondary education and in addition requests that the amount of the ongoing s. expenses be specified. In argument Ms. Aaston acknowledged that Mr. Alm has paid the amounts as ordered to date with the exception that he has not paid any s. expenses since Justice Smith’s order of September 23, 2004. Ms. Aaston had claimed for 2003/2004 s. expenses with regard to her daughter, Brina. That application was dismissed as it pre-dates Justice Wilkinson’s order of September 28, 2004. The sole issue now before this Court is the amount to be fixed for the ongoing s. 7 expenses. 2) The parties were married on August 19, 1972 and separated August 1, 1994. They have three children, namely: Corry Dawn Alm, born May 12, 1975 (age 30); Kristin Marie Alm, born March 6, 1981 (age 24); and Brina Lynne Alm, born September 6, 1985 (age 20). On September 8, 1998 the parties were granted judgment for divorce which included child support. Since that time, number of orders have been made varying the amount of that support. These orders largely deal with the status of the children and the costs associated with their post-secondary education. 3) On December 3, 2002, Justice Dickson terminated Mr. Alm’s obligation to pay support for the parties’ oldest child, Corry and ordered, in addition to ongoing support for the two youngest children, payment of s. expenses relating to Kristin’s attendance at university. 4) On September 28, 2004, Justice Wilkinson of this Court granted consent order extending Mr. Alm’s obligation for s. expenses to include Brina’s “post-secondary education costs after student loans.” The consent order fixed Mr. Alm’s s. obligations for both Kristin and Brina at $609 per month commencing August 1, 2004. The s. expenses covered were Brina and Kristin’s post-secondary education costs after student loans and included computer repairs, equipment and internet access for both girls. 5) On September 23, 2005, Justice R. S. Smith terminated Mr. Alm’s obligation to pay support for Kristin effective October 1, 2005. He found Mr. Alm’s income for child support purposes to be $59,500 gross per annum and Ms. Aaston’s income for child support purposes to be $30,000 gross per annum. He ordered Mr. Alm to pay 66% of Brina’s s. expenses. What these s. expenses are was not specified and it is for that purpose that the matter now comes before me. The s. expenses claimed by Ms. Aaston include dental work of $112.90 for Kristin prior to October 1, 2005, orthodontic work for Brina and costs associated with Brina’s post-secondary education. It is uncontroverted that Brina has disabilities which necessitate certain tools such as computer for her to be successful in her post-secondary training. 6) Mr. Alm accepts responsibility for his proportionate share of the girls’ dental and orthodontic expenses. Accordingly, there shall be an order that Mr. Alm immediately pay to Ms. Aaston his 66% share, being $74.18 of Kristin’s dental expenses incurred prior to October 1, 2005. There shall also be an order that Mr. Alm pay his proportionate share, being 66% of the costs of Brina’s orthodontic work. These costs total $1,850 and Mr. Alm’s proportionate share would be $1,221.00. Mr. Alm indicates portion of these costs may be covered by his health plan. If this is the case, he is to provide written confirmation of this to Ms. Aaston within 21 days, including the amount covered. He will then be responsible for 66% of any amount not covered by his plan. It is understood that any reimbursement from his plan would be provided to Ms. Aaston. In the event there is no insurance coverage, Mr. Alm shall pay his proportionate share of the orthodontic cost, being $1,221 at the rate of $101.75 per month, commencing October 1, 2005 and continuing on the 1st day of each and every month thereafter until paid in full. In addition, Mr. Alm shall pay his proportionate share, being 66% of the cost of any retainers required by Brina. Ms. Aaston shall provide to Mr. Alm within 10 days of the receipt thereof, any bills pertaining to such retainers and Mr. Alm shall confirm what, if any, portion of these costs are covered by his health plan within 30 days. Mr. Alm shall pay his 66% share of the cost of the retainers after insurance coverage. Again, the insurance proceeds should be paid to Ms. Aaston. 7) The s. expenses claimed by Ms. Aaston with regard to Brina’s post-secondary education are set out in Exhibit “D” to her November 3, 2005 affidavit. These expenses relate only to the 2005 fall term though she indicates that doubling those expenses will result in fairly accurate estimate of the costs for Brina’s full 2005/06 university year. Mr. Alm objects to some of the expenses listed in Exhibit “D”. Those expenses include: Crisis prevention class with books $129.70 Zellers supplies 50.86 Black cartridge for the printer 32.90 Microsoft license 200.00 Computer repairs 100.00 Updated virus protection 75.00 8) It is noted that the September 28, 2004 consent order provided that computer repairs and equipment were included in Brina’s s. 7 expenses. Accordingly, the costs relating to the computer are legitimate s. 7 costs. I also find that the crisis prevention class was a reasonable expense incurred on Brina’s part and will assist her in her future plans. The Zellers supplies, however, would normally be covered under the Table support. Accordingly, that expense shall be disallowed. 9) I find Brina’s s. 7 post-secondary education expenses for the 2005/2006 year to be $7,123.72 calculated as follows:University of Saskatchewan fall and spring terms ($932.97 x 2) $1,865.94University of Regina fall and spring terms ($1,501.30 x 2) 3,002.60Crisis prevention class with books 129.70University of Saskatchewan books (fall and spring terms)($401.09 x 2) 802.18Bus pass (fall and spring semesters $200 x 2) 400.00Black cartridge for the printer 32.90Shaw internet (August to July, inclusive – 12 x $42.95) 515.40Microsoft license 200.00Estimated computer repairs 100.00Updated virus protection 75.00Total: $7,123.72 10) There shall be an order that Mr. Alm pay his 66% of these expenses, being $4,701.66 per annum, by paying $391.80 per month commencing October 1, 2005 and continuing on the 1st day of each and every month thereafter until further order of the Court. 11) Ms. Aaston has indicated that she shall have good idea of Brina’s post-secondary costs with regard to the 2006/2007 university year by September, 2006. There shall be an order that she provide list of those expenses, with any documentation she has to support the same, to Mr. Alm by September 15, 2006 and that she also provide evidence of any student loans or other contributions by third parties to these expenses. The s. expenses should be adjusted effective October 1, 2006 for the 2006/2007 university year. 12) As the results of the application are mixed, there shall be no order as to costs. J. J. A. Ryan-Froslie
FIAT: The sole issue before the court is the amount to be fixed for the ongoing s. 7 expenses. The s. 7 expenses claimed by the petitioner include dental work of $112.90 for Kristen, orthodontic work for Brina and costs associated with Brina's post-secondary education. It is uncontroverted that Brina has disabilities that necessitate certain tools such as a computer for her to be successful in her post-secondary training. HELD: 1) The respondent accepts responsibility for his proportionate share of the girls' dental and orthodontic expenses and there shall be an order accordingly. 2) The September 2004 consent order provided that computer repairs and equipment were included in Brina's s. 7 expenses. Accordingly the costs relating to the computer are legitimate s. 7 costs. 2) The crisis prevention class was a reasonable expense incurred on Brina's part and will assist her with her future plans. 3) The Zeller's supplies would normally be covered under the Table support and that expense is disallowed. 4) Brina's s. 7 post-secondary expenses are $7,123.72 and include tuition, crisis prevention class and books, required university books, bus pass, black cartridge for the printer, Shaw internet, Microsoft licence, computer repairs and updated virus protection.