Find a lawyer to help you answer your legal questions.

  • My Legal Briefcase

    I live in Ontario. When I retire I will be earning $42,000 per year. My ex-wife also has other children, and expenses such as private school, camp, psychologist. Do I have to pay for these in addition to the support indicated in the table? For example, if the total of these expenses is $30,000 and she earns the same as me, do I have to pay an addition at $15,000?
    Notice: Undefined property: stdClass::$post_date in /var/www/webapp/ui/mlb_faq.php on line 96

    It depends on many factors. First, the expense must be found by the court to be
    "special or extraordinary." If a court is to impose such payments, it will do so against
    both parents in proportion to their respective gross (not net, after-tax) incomes. So which
    expenses will the courts in Ontario truly consider "special and extraordinary" and under
    what circumstances? Under section seen of the Child Support Guidelines the court must
    "take into account the necessity 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." In
    addition, if the recipient spouse gets a tax break or other benefit for a day-care expense or
    obtains a subsidy that the other spouse will not benefit from when he pays his share, then
    the court must take that into account when calculating his contribution. Moreover, if
    someone is retiring, then even if his children were attending private schools at the time
    when he separated from his wife, it may be that it is no longer realistic to expect him to
    contribute to that luxury. That is especially true if making that payment would now eat
    into his ability to afford basics after paying the table amount such as paying for his own
    food, clothing and shelter on after-tax basins. The courts first look at the payer's ability to
    pay. If it is there then the court will almost always find day care or nannies to be "special
    or extraordinary" if the custodial parent works, is currently looking for work or is going
    to school. Equally important are extended health-insurance premiums or specific nonOHIP health costs, especially dentists. And if there is enough money, which there may
    not be in your case, orthodontists are also likely to be important. Psychologists? Maybe
    not, if a child psychiatrist that OHIP covers can provide the same services. But with very
    long waiting lists, that may not be possible or correct health remedy. Overnight camp you
    can no longer afford (day camp, you might). But for higher income-earners, it's usually
    ordered. The toughest questions: extra-curricular activities, like hockey or other sporting
    opportunities. Are they truly "special or extraordinary" activities? Wait for next
    Monday's article.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.

Document Banner