What is the test for an order for additional child support to cover special or extraordinary expenses?
British Columbia, Canada
The following excerpt is from Foster v. Foster, 2009 BCSC 1633 (CanLII):
Section 7 of the Guidelines provides that an order for additional child support to cover special or extraordinary expenses is to be based on “the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the spouses”. That determination is to be based on evidence each party presents: Barker v. Barker, 2005 BCCA 177, 45 B.C.L.R. (4th) 43. That evidentiary burden is not met by one parent simply presenting a list of expenses that she has chosen to incur, without any explanation of either their necessity or reasonableness as of the time they were incurred.
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