Actress Cheryl Hines, best known for her role as Larry David’s wife
on “Curb Your Enthusiasm,” filed for divorce on July 20, 2010
from her husband Paul Young. The two were married for nearly eight years
and have a 6-year-old daughter together named Catherine Rose.
People Magazine is reporting that Hines’ rep has told E! Online that
the couple, “will remain extremely close friends and will raise their
daughter together.” The couple reportedly plans to share custody
Catherine Rose.
How would this case play out if the two lived in Ontario?
If this were to come before the Courts in Ontario, there would be four
main issues that would have to be dealt with; custody/access of Catherine
Rose, Child Support for Catherine Rose, the Matrimonial Home, Equalization
of the Net Family Property, and the potential for Spousal Support.
Custody/Access and Child Support
Because this is a case from the United States, the quote pertaining to
the couple planning on sharing custody of Catherine Rose should be read
critically. In Ontario, custody does not relate to which parent the child
resides with. Custody is about who makes the major decisions for the child;
medical, religious, schooling, etc.
Keeping the above in mind, because it seems as though Cheryl and Paul are
speaking to each other and have a relatively good relationship, if they
were in Ontario, it is likely that they would agree to share custody (read:
decision making responsibility) of Catherine Rose.
As for who the child would reside with, again because they have said that
they will “share custody” of their daughter, in Ontario that
would be considered to be a shared parenting schedule and Catherine would
spend at least 40% of her time with each parent. On the chance that this
case became acrimonious, the Court would have to decide based on submissions
regarding what would be in the best interests of Catherine, who would
be the primary residence parent, and who would care for her based on a
set schedule.
If the Court or the parties decided upon a shared parenting schedule with
Catherine residing equally with both parents, the amount of what would
be paid in child support would be based on what is known as the “set-off”
approach. The Court would look to the following factors as outlined in
Section 9 of the
Child Support Guidelines in order to determine the appropriate amount of child support to Order:
- the amounts set out in the applicable Tables for each of the spouses;
- the increased costs of shared custody arrangements; and
- the conditions, means, needs and other circumstances of each spouse and
of any child for whom support is sought.
Also of note in this scenario is the fact that both are high income earners
as Cheryl is an actress and Paul, a producer. The table amount shown for
their respective incomes must be carefully considered to determine if
it would adequately provide for the child with respect to the conditions,
means, needs and other circumstances of each parent and Catherine Rose.
The parties would also have to determine how any extraordinary expenses
such as extracurricular activities, schooling, and health expenses would
be paid for. In a case of shared parenting, these expenses would be divided
per the respective percentage of support required to be paid by each parent.
The Matrimonial Home
In Ontario, the
Family Law Act holds that regardless of how title of the home is held or how it was brought
into the marriage, if it has been made the matrimonial home by the couple
and their family living in it during the marriage, or determining it to
be such for tax purposes, each spouse has equal possessory rights to the home.
In this case, exactly what will be done with the home is a matter for the
parties to decide amongst themselves, however, the value of it would be
included as part of an equalization calculation as will be discussed.
Equalization of Net Family Property
In Ontario, when a couple separates there is a process known as equalization
whereby a calculation is done that determines how much the spouse with
more assets is obligated to pay the other. Not knowing which spouse in
this situation earns more, or anything about how the couple’s assets,
it is impossible to say which spouse would be responsible for an equalization
payment to the other. Learn more about how
equalization is calculated here.
Spousal Support
In Ontario, entitlement to support is the first hurdle that they would
have to overcome. A court would look to such factors as whether a spouse
is in need of support, or if they made a contribution to the marriage
that they should be compensated for in some way. As this is a case with
two very high income earners, the need for support does not exist and
it is unlikely that
spousal support would be an issue to be dealt with.