SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: El Khourani v. Rouani, 2020 NSSC 71
Date: 2020 - 02 - 24
Docket: 1201-70307; SFHD-105191
Registry: Halifax
Between:
Mouani El Khourani
Petitioner
v.
Mohammed Rouani
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Elizabeth Jollimore
Heard: February 19, 2020.
Counsel: Andrew I. Kirk, counsel for Mouani El Khourani
Mohammed Rouani, self-represented
Summary: Application to vary child support retroactively and prospectively. Child support calculated under section 3 and 7 of Guidelines.
Key words: Family, Child support, Variation application
Legislation: Divorce Act, R.S.C. 1985 (2nd
Supp.), c. 3, section 3, section 7
Federal Child Support
Guidelines, SOR/97-175
THIS INFORMATION SHEET DOESN’T FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET
SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
El Khourani v.
Rouani
2020 NSSC 71
ENDORSEMENT
February 24, 2020
Heard: February 19, 2020
Mouani El Khourani v. Mohammed Rouani
1201-70307; SFH-D 105191
Andrew I. Kirk for Mouani El Khourani
Mohammed Rouani, self-represented
Mr. Rouani applied to vary child support under the Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3.
Decision:
Mr. Rouani’s claim for repayment of 2017 child support is
dismissed.
Reasons:
1.
Mr. Rouani wants to vary child support
for 2017, 2018 and 2019. Child support for 2020 is also addressed.
2.
When the parties divorced in January
2018, Mr. Rouani’s income was agreed to be $69,354 and Ms. El Khourani’s was agreed
to be $35,280. Mr. Rouani was ordered to pay child support of $981 for the
couple’s two children under s. 3 of the Federal Child Support Guidelines, SOR/97-175 and
to contribute $239.40 each month to the children’s childcare and other
extraordinary expenses under s. 7 of the Guidelines.
2017
3. Mr. Rouani says that he was ordered to pay the wrong amount for childcare in 2017 in the Corollary Relief Order. He did not appeal the Corollary Relief Order.
4. The Corollary Relief Order doesn’t require Mr. Rouani to pay a specific amount for childcare in 2017. The specific amount ordered for childcare was prospective, for 2018 and beyond.
5.
The Corollary Relief Order requires Mr.
Rouani to pay arrears of child support for some period before 2018.
6.
Prospective child support and arrears of
child support were not litigated at the divorce and corollary relief hearing.
Those issues were resolved by the parties at a settlement conference with
Justice Legere-Sers and the terms of their agreement were contained in an Order
labelled Partial Minutes of Settlement, which was granted on August 8, 2017.
7.
The terms of the August 8, 2017 Order
were incorporated into the Corollary Relief Order.
8.
Neither the Order/Partial Minutes of
Settlement nor the Corollary Relief Order outline the calculations of Mr.
Rouani’s child support arrears. It is not possible to determine what portion
of the arrears may have related to unpaid child support under section 3 of the Guidelines,
unpaid childcare costs or other unpaid special or extraordinary expenses under
section 7 of the Guidelines.
9.
If it is possible to re-open the
parties’ negotiated resolution of child support issues (and I am not persuaded
this is possible), there is no evidence that lets me conclude he overpaid for
childcare in 2017 because there was no breakdown of the global arrears amount Mr.
Rouani agreed to pay.
10.
I dismiss Mr. Rouani’s claim for
repayment of 2017 child support.
2018
11.
In 2018, Mr. Rouani’s income was
$78,858. Based on this, his child support payment under the simplified tables
for s. 3 is $1,109.
12.
In 2018, Ms. El Khourani’s income was
$41,811. There were childcare expenses of $4,843. At a marginal tax rate of
30% based on Ms. El Khourani’s income, the after-tax cost of childcare was
$3,390.10.
13.
Based on their incomes, Mr. Rouani’s
proportionate share of childcare would be 65%, so he would contribute
$2,203.50.
2019
14.
In 2019, Mr. Rouani’s income was $72,108.
Based on this, his child support payment under the simplified tables for s. 3
is $1,017.
15.
In 2019, Ms. El Khourani’s income was
$42,872. There were childcare expenses of $3,484.30. At a marginal tax rate
of 30%, the after-tax cost of childcare was $2,439.01.
16.
Based on their incomes, Mr. Rouani’s
proportionate share of childcare would be 63%, so he would contribute
$1,536.57.
17.
The children had additional costs for
sports and, for Muizz, glasses. These costs total $1,509 and are both
reasonable and necessary. There are no tax deductions for these costs.
18.
Mr. Rouani suggested that Ms. El
Khourani received money from the government for the children’s activity costs.
The Children’s Fitness Tax Credit ended in 2017. There was no evidence that
the children or their mother are eligible for funding from Sport Nova Scotia
that might pay for the children’s activities.
19.
Mr. Rouani’s proportionate share of the
children’s activity and glasses costs for 2019 is $950.67.
2020
20.
In 2020, it’s anticipated Mr. Rouani’s
income will remain at $72,108. Based on this, his child support payment under
the simplified tables for s. 3 continues to be $1,017.
21.
Based on her Statement of Income, Ms. El
Khourani’s anticipated income for 2020 is $40,551.84. The children’s
anticipated childcare expense is $3,484.30. After deducting her tax saving,
estimated at 30%, the childcare expense is $2,439.01.
22.
Based on their incomes, Mr. Rouani’s
proportionate share of childcare would be 63%, so he should pay $1,536.57, or
$128.04 each month.
23.
Similarly, he must pay 63% of the
children’s $1,509 expense for activities and glasses. This amounts to $79.22
each month.
Childcare payment to
Mr. Rouani
24.
In 2019, Ms. El Khourani was required to
travel for her work. Mr. Rouani agreed to care for the children while she was
away. The parties disagree on whether this was 1 or 2 weeks. Ms. El Khourani
gave Mr. Rouani a cheque for $500 for doing this then, later, stopped payment
on the cheque. Mr. Rouani says he is entitled to the payment. Ms. El Khourani
says she shouldn’t have to pay Mr. Rouani for caring for the children.
25.
There was no evidence that the
additional time the children spent with Mr. Rouani placed him into a shared
parenting arrangement where he would be entitled to child support.
26.
Ms. El Khourani is correct, a parent
exercising extended parenting time with children is not entitled to child
support where that additional time does not place them in a shared parenting
arrangement.
27.
Amounts Mr. Rouani owes for child
support may be offset against any amounts he has overpaid under the Corollary
Relief Order.
28.
Mr. Kirk will prepare the Order and
forward it to Mr. Rouani. Mr. Rouani must identify any errors in the draft
Order to Mr. Kirk within 10 days of the Order being sent to him. If he
identifies no errors, the Order may be sent to me.
_____________________________
Elizabeth
Jollimore, J.S.C.(F.D.)