Legal Question in Family Law in Canada

Re: private school costs following divorce

This answer applies to British Columbia only, as the law varies greatly from Province to Province. In British Columbia, most of the time the cost of private school that was agreed by the parents as being in the best interest of the children before marriage breakdown is paid by the parents in proportion to their incomes. If private schooling was seen as being in the best interest of the children prior to marriage breakdown, there is no reason to view it differently following breakdown. Thus the parents are expected to pay for it over and above the child support amount mandated by the Child Support Guidelines. This is because private schooling is interpreted by the courts as an "extraordinary expense" and hence is not an included expense within the "ordinary" child support mandated by the Child Support Guidelines; some other Provinces do not interpret the meaning of "extraordinary expense" int he same way that British Columbia does, and some Provinces do. Inclusion of private schooling in the definition of "extraordinary expense" is not automatic however and is dependant to some extent on circumstances unique to each case. This is a general answer only and as this is a convoluted area of the law you should consult a lawyer who practices family law in whatever city or town in British Columbia you reside in.