O. Increase of Special or Extraordinary Expenses

Author:Julien D. Payne - Marilyn A. Payne

Page 502

Increased expenditures relating to a child’s ill health may justify an upward variation.141The need of a child to complete her education may result in the variation of an order, which had provided periodic support "until she reaches the age of sixteen," to reflect the continuation of the support obligation until she completes her school and university education or attains the age of 21, whichever comes first.142An agreement between parents that they would provide their children with a private school education may result in the court increasing the amount of child support payable by the non-custodial parent.143However, in the absence of such an agreement, a parent cannot unilaterally send a child to private school and claim the subsequent increase in school expenses as a material change in circumstances so as to justify an increase in child support.144

[141] Jardine v. Jardine (1992), 119 N.S.R. (2d) 361 (T.D.).

[142] McFadyen v. McFadyen (1975), 22 R.F.L. 140 (Alta. S.C.); see also Hickey v. Hickey (1987), 8 R.F.L. (3d) 416 (Nfld. T.D.).

[143] See Segal v. Brown (1988), 54 Man. R. (2d) 137 (Q.B.); Publicover v. Publicover (1989), 92 N.S.R. (2d) 432 (Fam. Ct.).

[144] Zipchen v. Edwardh (1991), 35 R.F.L. (3d) 45 (Ont. Prov. Div.).

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