How is the court likely to divide expenses awarded under the Child Support Guidelines?
British Columbia, Canada
The following excerpt is from M.W.B. v. A.R.B., 2011 BCSC 1663 (CanLII):
A guiding principle for expenses awarded under the Guidelines is that they are to be shared by the parents in proportion to their incomes, after deducting the child’s contribution, if any: Guidelines, s. 7(2). However, the court retains discretion to divide the parents’ obligation other than in proportion to their incomes: Zarins v. Cochrane, [1998] B.C.J. No. 2116 (S.C.), varied [1999] B.C.J. No. 2876 (S.C.), supplementary judgment [1999] B.C.J. No. 2450 (S.C.).
The simple fact of an expense being incurred does not automatically demonstrate its necessity or reasonableness where there is no evidence of its advisability or necessity: Thomas v. Thomas, 2000 BCSC 585.
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