Kevin Dillon Fights Section 7 Expenses
Entourage star Kevin Dillon is allegedly not going to"fork over a dime" to his former wife, Jane Stuart, to send their daughter to private school.
According to Dillon's legal documents, he argues that a public school in Malibu "with a 'gold medal' ranking by US News and World Report" is better suited for their daughter, and more cost-effective.
Stuart on the other hand, believes that their daughter should attend a private school in 'Kardashianland' (aka. Calabasas), where she has gone her whole life. Stuart further claims that she does not want their daughter to attend the Malibu school because of its alleged drug issues and cancer-causing agents on campus.
In Ontario, private school tuition are generally considered a "special or extraordinary expense" under section 7 of the Child Support Guidelines; which generally act as an 'add-on' to the table amount of child support. These special expenses are those which are not included or accounted for in the basic monthly amounts of child support.
Generally, parents share section 7 expenses in proportion to their relative incomes; but parties may agree to share the amount in a different way.
As per the CSG, these expenses are defined as follows:
- necessary because they are in the child's best interests; and
- reasonable given the means of the parents and the child and in light of the family's spending patterns before the separation.
Given the above definition, special expenses must be reasonable and necessary. There is however no checklist to determine if an expense is special or extraordinary; as such, section 7 expenses are determined based on the best interests of the child, the parties' incomes and the family's financial situation, and on factors such as whether such expenses were part of the family's spending prior to separation.
And so, if Dillon lived in Ontario, his yearly income and the fact that his daughter has always attended private school would influence whether or not he'd be required to contribute to this expense.