Case - S7 - Fong

Section 7 Expenses - Fong v. Charbonneau

In Fong v. Charbonneau, Yard J., applying the 2002 amendment to the Manitoba Guidelines in section 7.1.1 which mirrors the new Federal provision, effectove May 2006, considered the annual expense of figure skating of over $11,000 for a 16 year old child.

The cost of the activity outstripped the amount of basic child support being paid to her mother who earned $41,683 and receiving $8,796 from the father whose income was determined at $96,465.

Notwithstanding he found that the expense qualified under Section 7(1.1)(b). The court found that the child had some talent (not necessarily required to be of “regional provincial, national or world class” calibre), that the activity did not detract from her best interests by affecting her schooling negatively, that she had long been involved in the activity, that physical activity of this nature "by definition contribute to the health and well-being of children including teenagers”, that the parents having separated when she was young there was no pattern of spending established, and that the expense was reasonable having regard to the parents’ means.

The case was well documented by the mother which clearly impacted on the court.