What factors must be taken into account when determining the extent of an expense incurred by a separated parent in a separation proceeding?
Manitoba, Canada
The following excerpt is from Holeman v. Holeman, 2006 MBQB 278 (CanLII):
The second factor which must be taken into account is the reasonableness of the expense in relation to the means of both parents and the children. Reasonableness can be assessed by looking at: • the combined income of the parties; • the fact that two households must be maintained; • the extent of the expense in relation to the parties’ combined level of income; • the debt of the parties; • any prospect for a decline or increase in the parties’ means in the near future; and • whether the non-custodial parent was consulted regarding the expense prior to the expense being incurred: Bland v. Bland, 1999 ABQB 236, followed in Correia v. Correia, 2002 MBQB 172.
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