Can My Ex Spouse Force Me to Pay for Private School Expenses?

 

Can my spouse Force Me to Pay for our child’s Private School expenses as a section 7 expense?

 

Do you have to pay for your portion of private school if you did not consent to your child(ren) attending?

In a recent case the father retained SMP Law to help with his situation where the mother was putting the child into a private school without his consent and demanding his share of the costs for the private school be considered a section 7 expense. The father came to SMP Law asking whether he was required to pay for this cost, given it was the mother’s decision for the child to attend private school. The mother in this case had the final decision-making authority over where the child went to school.

The judge decided not to order the father to contribute to paying private school for the following reasons:

  • It was an interim motion and the judge did not want to usurp the role of the trial judge.

 

  • The judge did not want to make any orders that would prejudice either party at trial.

 

  • The judge did not find any pressing need or compelling reason for this to be decided at the interim stage.

 

SMP Law’s client was not forced to pay for private school at this interim stage and the judge determined it could be revisited at the trial.

Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-565-9494 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.

 

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Our office remains open remotely and is available to assist you by videoconference, phone, and email. Since the Covid-19 closures, SMP Law has assisted our clients with four urgent court matters and continues to have court attendances on motions that the courts have deemed urgent.

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