K. Extraordinary Educational Expenses; Private School

AuthorJulien D. Payne - Marilyn A. Payne
Pages276-281

Page 276

See note 290

Section 7(1)(d) of the Federal Child Support Guidelines confers a discretion291on the court to provide for the payment of all or part of extraordinary expenses for primary or secondary school education or for any educational programs that meet the child’s particular needs.292

Pursuant to section 7(1.1) of the Federal Child Support Guidelines,293which amendment became effective on May 1, 2006, the definition of "extraordinary" expenses has been clari-

Page 277

fied.294The amendment provides a two-part definition. First, in accordance with section 7(1.1)(a), expenses are extraordinary if they "exceed those that the spouse requesting an amount for the extraordinary expenses can reasonably cover." This is determined having regard to the income of the requesting spouse as well as any child support received. This element of the definition relates to the requesting spouse’s ability to pay for the expenses. If the expenses exceed those that the requesting spouse can reasonably cover, they are extraordinary.295 Where section 7(1.1)(a) does not apply because the expense does not exceed the amount that the requesting spouse can reasonably cover, the second part of the definition, set out in section 7(1.1)(b), applies. Section 7(1.1)(b) directs courts to determine whether the expenses are extraordinary having regard to five factors, namely,

(i) the amount of the expenses in relation to the income of the spouse requesting the amount (including the child support amount);

(ii) the nature and number of the education programs and extracurricular activities;

(iii) any special needs and talents of the child or children;

(iv) the overall costs of the programs and activities; and

(v) any other similar factors that the court considers relevant.296The opening words of section 7(1) require the court to take into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense, having regard to the means of the spouses and those of the child and to the family’s spending pattern prior to the separation,297and the guiding principle under section 7(2) calls for a sharing of the expenses in proportion to the respective spousal incomes in the absence of any contribution from the child.298It is not enough to show that the child will find the school experience delightful and instructive. The expenses must satisfy the tests of reasonableness and necessity under section 7(1) of the Guidelines.299A court may be unable to make a finding as to the necessity of the expense in relation to the child’s best interests and may be unable to apply the guiding principle of proportionate sharing where the applicant fails to make full

Page 278

disclosure as to his or her income.300In determining the father’s obligation to contribute to the children’s private school expenses, judicial account may be taken of the importance of the children’s emotional well-being and the necessity that their mother not be too stressed by her parenting role after discharging heavy professional obligations during the day.301High school graduation costs do not constitute extraordinary expenses for secondary school education within the meaning of section 7(1)(d) of the Federal Child Support Guidelines.302

The purchase of a computer may not fall within sections 7(1)(d) or (f) of the Guidelines, if households having the income of the spouses would normally have a computer available for the use of their children,303or if no evidence has been adduced to establish that a computer was a necessary purchase.304The purchase of a computer to assist a special needs student305or an accomplished student306in fulfilling her school assignments has, nevertheless, been found to be a reasonable and necessary extraordinary expense within the meaning of section 7(1)(d) of the Guidelines where it was readily affordable in light of the parental incomes.

An order for a contribution to the cost of a scholastic assessment to determine whether a child is gifted falls within the ambit of section 7(1)(d) of the Federal Child Support Guidelines.307

Tuition fees to upgrade high school marks may be characterized as an extraordinary expense for secondary school education under section 7(1)(d) of the Guidelines, but an order for a contribution to this expense may be refused where the course was not completed.308

A court may order a contribution to be made towards the costs of a tutor for a child who is encountering academic problems, but proper receipts must be provided.309An order for contribution to the costs of a tutor may be conditioned on full consultation between the parents prior to arrangements for a tutor being made.310Extraordinary education expenses are those which extend beyond the basic school program.311Routine school fees, general school supplies, field trips, normal transportation and school lunches are regarded as "usual expenses" rather than "extraordinary expenses" within the meaning of section 7 of the Federal Child Support Guidelines.312The basic

Page 279

amounts of child support provided by the applicable provincial or territorial table under the Federal Child Support Guidelines reflect an average of what parents at various income levels spend on their children, but the tables provide no clear indication as to what is an extraordinary educational expense.313In the absence of clarification, no hard and fast rules can or should apply to the determination of whether particular expenses constitute extraordinary expenses within the meaning of section 7(1)(d) of the Guidelines, although it may be helpful to the court if evidence is adduced of the expenses normally associated with enrolment in a local public school.314School expenses cannot be categorized as extraordinary simply on account of the number of children to whom they relate, because the basic table amount of support increases with the number of children,315although it must be borne in mind that the table amounts reflect economies of scale according to the number of children, whereas school expenses are not discounted having regard to the number of children in respect of whom they are payable.

Extraordinary expenses associated with home schooling must reflect the special needs of the child.316An order for the proportionate sharing of private school fees may be granted pursuant to section 7 of the Federal Child Support Guidelines where a child has experienced difficulties in public school and would be more likely to attain reasonable educational goals by a transfer to a private school that the parents can afford.317An order for a contribution to private school expenses may be denied where there is no evidence to show that the public system of education would not be equally effective in meeting the child’s needs.318Academic or social needs might make it a necessity in the child’s best interest to attend private school.319

Where a parent has acted reasonably in enrolling a child in private school, child support may be provided to reflect the costs of the child’s education.320A parent who unilaterally registers a child in private school may be denied a contribution to the child’s expenses.321

An order for a contribution to the expenses of a private school may be granted, even though the expenses were not part of the family’s spending pattern before the spousal separation.322

The pattern of expenses before the separation may not be particularly relevant where the

Page 280

child was not attending school when the parents separated.323Laura W. Morgan, an American commentator,324has identified the following factors as relevant to the provision of expenses for private schooling: "whether one or both parents attended private school; whether the child has been enrolled in a...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT