Can a request to index an order requiring the father to pay the child’s medical costs have increased significantly over the course of 14 years?

Ontario, Canada


The following excerpt is from Zipchen v. Edwardh, 1991 CanLII 4199 (ON CJ):

[9] The request to index the order does not amount to an exclusive remedy for the increased costs over 14 years. The boy’s needs (in dollars) would have increased very substantially in 14 years due both to inflation and the expenses for a teenager being considerably more than for an infant. To a point, judicial notice can be taken of those things; to the point, certainly, of finding that a material change of circumstances has occurred in the form of the boy’s changing needs. With respect, I disagree with the dicta in the case of Baker v. Baker, cited above, in so far as it suggests that inflation and changing needs over the years cannot, by themselves, amount to a material change so as to trigger a variation. Fourteen years is such a long time that it probably is an exception to the general rejection of passing time, alone, creating automatic grounds for variation. Moreover, the changing needs of the child are coupled with a very marked change in the ability of the father to pay.

Other Questions


In what circumstances will a court order a retroactive increase in the amount of child support payments when the child is with the father? (Ontario, Canada)
If a father's materials set out that he would assist in the mother continuing to have access to the child if the child was returned to the father, would the father's material set out to support the mother's access? (Ontario, Canada)
If the father of a child attends Westminster, would the child attend the same school that the father's older child attends? (Ontario, Canada)
Is a step-parent entitled to request that the biological father of the child be paid child support? (Ontario, Canada)
In what circumstances will a court order the father of a child with special educational needs to pay the cost of busing to a special school? (Ontario, Canada)
When a child seeks to deduct expenses from his father's income, does the child have to prove that the father’s income is taxable? (Ontario, Canada)
What is the test for a court to determine if a parent who has been ordered to pay child protection funds for the past 10 years will not comply with the terms of the court order? (Ontario, Canada)
If a child takes a gap year before starting secondary education, can that child remain a child of the marriage? (Ontario, Canada)
In what circumstances will a court order a father to pay child support for the cost of busing to a special school? (Ontario, Canada)
What is the impact of a temporary order requiring a father to pay child support? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.