There is often contention on the issue of child support being paid while a child is away at school and other children remain in the home.
I have posted earlier on the issue of determing the appropriate amount see the case of Albert v Albert.
For a clear view on this issue, see the recent case of Barr v. Cudney (2007), 2007 CanLII 54075 (S.C.J.) The Honourable Mr. Justice B. H. Matheson did an excellent review in this writer's opinion on how to anaylze the issue during the times when the child is at home from post-secondary school and when away.
Essentially, the apppriate view according to Justice Matheson is to look at the Table amount for when all the children are at home; reduce it for the children remaining at home when one or more is away at school and the determine what is a reasonable amount for the child or children that are away and then return to the full table amount during the months when they are at home again.
A quick read and good review for counsel who are dealing with multiple children at different stages of their academic life.
Monday, December 17, 2007
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