What is the test for determining extraordinary school costs?
Manitoba, Canada
The following excerpt is from Holeman v. Holeman, 2006 MBQB 278 (CanLII):
However, the matter does not end there. Once the court concludes that the school costs are indeed extraordinary, the balance of s. 7 must be considered. Section 7.1 directs the court to “take into account” three factors. They are intertwined and each must be examined: Chambers v. Chambers, 2004 MBQB 239. The factors are: • the necessity of the expense in relation to the child’s best interests; • the reasonableness of the expense in relation to the means of the parents and the child; and • the family’s spending pattern pre-separation.
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