KEPLER & MORO

In the matter of KEPLER & MORO, the wife sought a departure from the administrative assessment of child support to require the husband to pay the children's educational expenses, including tuition fees and arrears, and private health insurance through non-periodic child support payments. The parties agreed that the children should attend private school, and the wife had primary care of the children. The court also considered the wife's application for interim spousal maintenance.

The primary legal issues before the court were whether to depart from the administrative child support assessment to account for the significant educational expenses of the children, and whether to grant interim spousal maintenance to the wife. The court was required to determine if the husband had the capacity to meet these additional financial obligations, particularly in light of existing child support orders.

Macmillan J found that the husband had the capacity to meet the wife's request for non-periodic child support payments for the children's educational expenses and private health insurance, in addition to the periodic child support. The court ordered a departure from the administrative assessment, requiring the husband to pay $3033 per calendar month as periodic child support and to cover all invoiced school fees, including arrears, and maintain private health insurance for the children. However, the court found that the husband did not have the capacity to meet the wife's request for interim spousal maintenance, and therefore, no order was made for spousal maintenance.