In Myke v. Myke, [2000] O.J. No. 2056 (Sup. Ct.) the wife sought child support in the applicable table amount plus s. 7 expenses, including future post secondary education. At the time of the application the children were 12 and 9 years old. The mother argued that the children were doing extremely well in school and her expectation was that they would both pursue post secondary education. In order to avoid problems and disputes in the future and the necessity of returning to court, the mother sought an order for child support for future post secondary expenses. The court held that s. 7 of the Guidelines addresses expenses that were actually incurred or which are about to be incurred. Section 7 is not to be used by parents as a “wish list”. There must be a reasonable expectation that the expense will soon be incurred. “If and when” orders are not contemplated by s.7 and should be avoided; “here and now” orders or “here and almost now” orders are preferred. Consequently, the claim for post secondary education expenses was denied on the basis that it was premature.
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