Décision

[1]           The parties are the parents of X, 17 years old and Y, 15 years old.

[2]           They have been divorced since 2003.  The mother had custody of the children until the summer of 2009.  They then lived full time with the father following a decision of the Youth division of the Quebec Court.

[3]           Since then, the parents quarrel about custody and financial responsibilities.  Until September 2015, the mother contested the change of custody, but finally agreed that the situation should stay as it is, considering the children's wish.

[4]           Following that decision, the Court received written arguments from both parents, until April 2016.

[5]           The mother was ordered to pay child support of $568.26 since November 19^th 2010, until a final decision be rendered by the Court. The father is now asking that this amount be adjusted to $682, considering the special expenses related to the soccer, since December 2015.  Also, he asks that some soccer expenses be added for the past, he considers that the mother owes him $5,464 and child support arrears (in February 2016).

[6]            Finally, he claims a provision for his legal fees spent over the last six years.

[7]           The mother essentially opposes that the father owes her a significant amount due for various expenses before 2009.

The special expenses

[8]           For many years, the relationship between the parents has been difficult and punctuated by numerous court procedures.

[9]           Despite that, the parents agreed on the fact that their two sons are very talented at soccer and they both encouraged them to pursue their efforts. They are now performing at the highest possible level for their age. The parents are very proud of them.

[10]        The father is asking that the mother reimburse her share of the costs related to the practice of soccer, since 2010 and for the coming years.

[11]        The evidence demonstrates that the costs involved are important but also maintained at their minimum by the father.  Over the last years, the father struggled to make sure the children could follow their dream and continue to work hard to perform, not only at soccer but also in school.

[12]        The Court met with the two children.  They are brilliant and appeared very mature for their age.  They are aware of the consequences of this activity on the family's budget. Their talent is exceptional and they practice their sport seriously.   

[13]        It is obvious that the sport has a positive impact on their development, especially considering the troubled family situation they have experienced over the last years.  For X and Y, playing soccer is more then an activity, it is crucial. 

[14]        For them, it's a basic need.  The costs have to be shared by the parents.

[15]        The father establishes the cost at $3,934 per year for the two children for 2015.  It is realistic and reasonable.

Child support

[16]        The father seeks for child support retroactively to December 2015, calculated on the mother's income of $38,000 and $30,000 for him, including the special expenses.

[17]        The father's income is based on a basic salary increased by tips. The amount of $30,000 is reasonable considering his way of life and his testimony. The Court sets his income at 30 000$ per year. 

[18]        The mother's income is not in dispute.

The arrears

[19]        The father submits that the mother should pay him $5,464 considering her income since 2010, the special expenses and his own income for that period.

[20]        The amount is well detailed in exhibit R-44 A.  Until 2015, the mother's income was impossible to establish since she testified having lost documents in a flood and that the Court also lost some of her exhibits.  Those documents were not found by the Court, neither was it possible to retrace their filing.

[21]        In any case, she had at least an income of $38,000 for those years.  The arrears of $5,464 are then due.

The provision for costs

[22]        The father spent more then $35,000 in legal fees since 2008, essentially to deal with the custody and child support.

[23]        The mother's behaviour caused major problems in Court and between the parents.  The undersigned experienced numerous inadequate reactions of the mother to contrariety and opposite opinions. After having fired two lawyers, she represented herself, a situation that added to the complexity of the files progression. Simple questions ended in arguments.

[24]        Her responsibility in the ongoing increase of the costs is indisputable.

[25]        Besides that, she left work for medical conditions related to stress and anxiety that appeared at the beginning of the litigation. The Court is not able to establish a clear link between the two events, but even if the mother is very stressed and had a hard time dealing with the situation, simple questions could have been solved by her minimal cooperation.

[26]        Consequently, the amount of $5,000, considering her income and the overall situation since 2010, is reasonable.  

The mother's claim

[27]        The mother first claimed (in 2009) over $36,000, an amount that changed over the years. It refers to many expenses made between 2003 and 2009 for various reasons, mainly dental or medical basic needs.

[28]        Some of theses expenses were paid by the father, others were included in the regular child support and the others are covered by the agreement signed by the parents in 2007 stating that the mother agrees that no more retroactive payments apply to the children's medical and dental expenses[1].

[29]        The mother's claim is consequently dismissed.

FOR THESE REASONS, THE COURT:

[30]        MODIFIES the judgment of divorce;

[31]       ORDERS the mother to pay to the father for the children, child support of $682.57 per month since December 1^st, 2015 to be indexed on January 1^st of each year according to the law;

[32]       ORDERS the mother to pay to the father the amount of $5,464 in 90 days from the present judgment, as child support and children's special expenses arrears until November 30^th, 2015;

[33]       DISMISS the mother's amended motion;

[34]       ORDERS the mother to pay to the father $5,000 in 90 days from the present judgment as legal fees AND EXEMPTS the parties of any other legal costs;

[35]       ORDERS both parents to provide their individual income tax report to each other at the latest on June 1st of every year, and to inform the other party of any change that could occur as to their financial status.