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Digest of the Week | Extraordinary Expenses

Court considers extraordinary expenses

Silver v. Silver | 2017 ONSC 5177 | Ontario Superior Court of Justice

Support -- Child support under federal and provincial guidelines -- Determination of award amount -- Extraordinary expenses -- Necessity and reasonableness

Parties married in 1991, had five children and separated in 2010 -- Communication between parties was extremely volatile and difficult -- Order granted parties joint custody with detailed custody and access regime, determined parties’ incomes and set child support, equalized net family property, dismissed father’s claim for spousal support and made no order as to costs -- As result of trial decision, children’s primary residence was with mother, with father having specified access -- Parties sought ruling on multiple issues including extraordinary expenses -- Father owed total of $23,254.81 towards his contribution for children’s s. 7 expenses -- Total s. 7 expenses for four younger children from 2013 to 2016 totalled $40,853.88 and oldest child’s s. 7 expenses from 2014 to 2016 totalled $39,280.92 -- Certain summer camp and extracurricular activity expenses were found to be excessive and father was not required to contribute to them -- Oldest child’s budget for university had sums for outings, extra food and gym memberships deducted from it -- Oldest child’s contributions from his own income were also deducted from his budget for university -- Father’s contribution was 26 per cent until 2015 when it increased to 30 per cent based on father’s imputed income of $60,000 and mother’s income of $139,260 -- Father was aware that he had obligation to pay s. 7 expenses as trial decision provided him with his percentage share of 26% -- Father was aware that expenses were being incurred and was prepared to accept certain expenses but made no payment -- Speech therapy, counselling, medical expenses, health insurance, tutoring, Hebrew school, dance and postsecondary educational costs qualified as s. 7 expenses that may be incurred by mother for children.
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