FavoriteLoadingSave to briefcase | Rating: | By (2013)

  • PrintEmail Link
  • Viewed 433 times | Saved to 316 briefcases
Lewi v Lewi (2006), 267 DLR (4th) 193, [2006] OJ No 1847 (CA)

Facts:

Spouses married in 1983, separated in 1996. Older son was 20 at time of separation and younger one 18. Parties signed consent order, by which Father paid monthly child support pursuant to table amount and special expenses of $200 for computer related expenses and care insurance. Order did not address post-secondary expenses, but Father paid 1500 for 2 years of his older sons university expenses. Both kids planning to go to university. Father was high level employee. Mother was dismissed from job (for health reasons), and later applied to increase child support by virtue of s.7(1). Father resisted and said both kids had funds of their own. (around 41,000 each because grandfather had given them money). He argued that these funds should be used to help pay for university

Ratio:

Court should consider child’s contribution to post-secondary expenses when determining child support payments by a parent
**S.3(2)(b) (for younger son) and s.7 (for older son) require that means of child be considered along w/ means of kid (no distinction between 7(1) and 3(2)(b))

Analysis:

Discretion under both sections to decide amount that each kid should contribute - there is no set formula – it is fact specific
**Grandfathers gifts were intended for education

Amount of child support that a parent is ordered to pay should be determined as a general rule, on the expectation that a child with means will contribute something from those means towards his post-secondary education

Holding:

The court took into account the money the children had from their grandfather when determining the amount of child support


Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.