QB A.D. 1987 01458 J.C.Y. IN THE QUEEN'S BENCH JUDICIAL CENTRE OF YORKTON BETWEEN: DIANE LYNN HOLMES and CRAIG EDWARD HOLMES RESPONDENT No one for the Petitioner W.M. Rusnak for the Respondent JUDGMENT PRITCHARD J. April 16, 1999 [1] A provisional order was made by the Court of Queen\'s Bench for Alberta at Medicine Hat on May 13, 1998 requiring Craig Edward Holmes to pay Diane Lynn Holmes the sum of $794.00 per month as basic child support for Laurie Janay Holmes born November 1, 1983 and Christopher Holmes born November 21, 1985. The provisional order also requires Mr. Holmes to pay an additional $75.00 per month representing 50% of the orthodontic and dental costs of the child Laurie. The total amount owing monthly under the provisional order is $794.00. [2] The court in Medicine Hat based its provisional order on a finding that Mr. Holmes\' annual income for child support purposes was $55,000.00. On January 22, 1999, Mr. Holmes filed a financial statement with the Court of Queen\'s Bench in Saskatchewan which shows his annual income for Guideline purposes to be $50,064.00 (monthly income of $4,242.00 less monthly union dues of $70.00). Based on the Guidelines and an annual income of $50,064.00, Mr. Holmes is required to pay basic monthly maintenance of $661.00 for two children and the provisional order will be varied to reflect this amount. [3] Mr. Holmes has employer sponsored dental insurance available which will cover significant portion of the orthodontic/dental expenses of the children that are not covered by the plan maintained through their mother's employer. In lieu of payments of $75.00 per month as provisionally ordered, and pursuant to section 6 of the Guidelines, Mr. Holmes is hereby required to obtain and or maintain medical and dental insurance for the children to the extent available through his employer. Mr. Holmes is also directed to provide Ms. Holmes with all necessary information regarding such plans and to forthwith submit all completed claims on behalf of the children that are provided to him by Ms. Holmes and to remit insurance re-imbursement cheques to Ms. Holmes. Mr. Holmes shall also be responsible for one-half of all uninsured medical/dental costs of the children and shall pay such amounts to Ms. Holmes within 10 days of receipt of semi-annual calculations from Ms. Holmes showing receipted medical/dental amounts she has paid on behalf of the children less all insurance proceeds received with respect to such amounts. [4] Based on the foregoing, the provisional variation order of the Honourable Mr. Justice W.V. Hembroff made May 13, 1998 is confirmed subject to the variations specified herein. J.L.G PRITCHARD, J.
A provisional order from the Alberta Court of Queen's Bench required the respondent to pay monthly support based on his income of $55,000 for the couple's two children. He was also required to pay half of the monthly dental expenses. Subsequently, the respondent filed a financial statement showing his income to be $50,064. HELD: The respondent's monthly child support payments are reduced according to the guidelines. The respondent is also required to maintain health and dental insurance for his children through his employer. The Court instructed the respondent on the procedure for submitting the children's health insurance claims. The provisional order was confirmed subject to these specified variations.