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Difference between revisions of "Child Support Guidelines"
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→Qualifying expenses as special expenses and extraordinary expenses
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Just because an expense appears to fall into one of the categories listed in section 7 of the Guidelines doesn't necessarily make it a shareable special and/or extraordinary expense. As well, just because an expense has been incurred doesn't mean it will automatically be shared; if you're not sure whether a planned expense will qualify as a shareable special expense, get some legal advice or talk to the other parent first to see if they will agree to share in the expense. | Just because an expense appears to fall into one of the categories listed in section 7 of the Guidelines doesn't necessarily make it a shareable special and/or extraordinary expense. As well, just because an expense has been incurred doesn't mean it will automatically be shared; if you're not sure whether a planned expense will qualify as a shareable special expense, get some legal advice or talk to the other parent first to see if they will agree to share in the expense. | ||
An expense that may not qualify as a special expense for higher-earning families may qualify as such for low-income families. For example, if guideline child support of $2, | An expense that may not qualify as a special expense for higher-earning families may qualify as such for low-income families. For example, if guideline child support of $2,000 for one child is being paid, the $200 cost of soccer registration will probably not be considered a special expense (and will have to be paid from the $2,000 basic child support by the recipient parent), but that same $200 expense may be a special expense if only $500 per month Guideline support is being paid (and will therefore have to be shared between the parents). | ||
According to section 7(1) of the Guidelines, the court must not only find that an expense fits into one of the categories listed above, but also consider: | According to section 7(1) of the Guidelines, the court must not only find that an expense fits into one of the categories listed above, but also consider: | ||
*the "reasonableness of the expense in relation to the means of the spouses and those of the child and to the family's spending pattern prior to the separation," and | *the "reasonableness of the expense in relation to the means of the spouses and those of the child and to the family's spending pattern prior to the separation," and | ||
*the necessity of the expense in relation to the child's best interests, | |||
The court must bear in mind the special test for primary- and secondary-school education and extracurricular activities required by section 7(1.1). Here's a helpful summary from a 2010 case from our Supreme Court, ''[http://canlii.ca/t/2dpzr Piper v. Piper]'', 2010 BCSC 1718: | The court must bear in mind the special test for primary- and secondary-school education and extracurricular activities required by section 7(1.1). Here's a helpful summary from a 2010 case from our Supreme Court, ''[http://canlii.ca/t/2dpzr Piper v. Piper]'', 2010 BCSC 1718: | ||