“The Respondent has been in receipt of a disability pension from the Canada Pension Plan for some time. A portion of that pension was for the benefit of S. while in her care as a minor. After S. turned 18 on October 19, 2022, he was able to receive it directly. The Applicant calculates that the Respondent received $9,373.32 “on behalf of S.” prior to him receiving it directly after his 18th birthday. The Applicant seeks an order requiring the Respondent to pay this amount to S.
The Respondent’s position is that there is absolutely no requirement in law that she do so. She relies both upon Schedule I of the Federal Child Support Guidelines, SOR/97-175 (“FCSG”)’s (which defines in paragraph 6 what is included in income for the purposes of the formula) and the Ontario Court of Appeal case of Sipos v. Sipos, 2007 ONA 126, in support of the proposition that the benefit did not form part of her income for child support purposes prior to it being provided directly to S.
With this proposition, I agree. The Respondent will not be required to provide $9,373.32 to S. as reimbursement for the benefit she received on behalf of S. while he was a minor.”