Is it unfair and unreasonable for a claimant to request a lump sum payment for past special and extraordinary expenses?
British Columbia, Canada
The following excerpt is from Chutter v. Chutter, 2016 BCSC 2407 (CanLII):
Yet in the interests of fairness and certainty, the claimant should have advised the respondent in a timely manner the details of a special expense and why it was being incurred. It is unfair and unreasonable to expect the respondent to pay a lump sum for past special and extraordinary expenses, especially in the amounts the claimant seeks, when she has not informed him of the nature and extent of those expenses: Petersen v. Petersen, 2007 BCSC 497 at para. 30.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does an order under s. 9 of the Guidelines on Special and extraordinary expenses include a separate order as to special and extraordinary expense? (British Columbia, Canada)
What are the principles applicable to the payment of special and extraordinary expenses? (British Columbia, Canada)
What is the test for retroactive orders for special expenses and special expenses? (British Columbia, Canada)
What is the range of special and extraordinary expenses that the court may provide for post-secondary education expenses? (British Columbia, Canada)
Can a claimed expense be a special or extraordinary expense? (British Columbia, Canada)
What qualifies as a special or extraordinary expense? (British Columbia, Canada)
What is the test for determining whether an extraordinary expense is extraordinary and ought to be shared? (British Columbia, Canada)
What is the test for a claim for special or extraordinary expenses? (British Columbia, Canada)
Are special and extraordinary expenses relevant in the calculation of child support payable for a child over the age of majority? (British Columbia, Canada)
What is the definition of a special or extraordinary expense? (British Columbia, Canada)
