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Old 04-15-2015, 07:47 PM
stripes stripes is offline
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Quote:
Originally Posted by COURTISMYLIFE View Post
My husband and I are dealing with this exact issue and heading to CC on Friday. His ex has never asked him for s.7 or daycare expenses. When we got her financials, she has received over $25,000 in tax benefits and CCTB over the past 4 years and is now wanting half of of the $16,000 in daycare and s.7 expenses from him. I too, searched exhaustively for case law but to no avail. She had been in a long term relationship with someone as soon as my husband and her separated and she never requested payment. Now that she is single she needs money. So I completely understand now the lawyers deception and cheating methods to get a settlement.
I believe that your husband is responsible for daycare if it is or was necessary for the parent to be able to work. The fact that she didn't ask for it at the time or that she was in another relationship doesn't let him off the hook - he is still responsible for his child's expenses. His lawyer should have informed him of this at the time of divorce.

Other S7 expenses (e.g. extracurriculars) are different - if his consent was not obtained prior to the expenditure being incurred, he doesn't have to pay. (Medical expenses are also different - if the S7 involves necessary medical expenses, he's responsible for his share, even if the expenses were incurred a while ago). Bear in mind that he is responsible for the post-tax cost of daycare - if his ex claimed or could have claimed them on her taxes, the benefit she received by claiming them should be subtracted from the amount she splits with your husband.

I don't believe the CCTB offsets S7 expenses. It has the word "Child Care" in the name, but it's actually a universal benefit which everyone with children of the eligible age receives, whether or not they are paying for child care. The only things that offset daycare expenses are tax benefits or subsidies which are directly tied to them, such as the tax credit for child care expenses (not the CCTB) or subsidies for daycare.

Your husband's divorce agreement should contain direction as to who receives the CCTB. Some people split it, some people direct it to the person who has primary residence with the kids.

I don't envy you trying to sort out four years of unpaid child care and S7. I strongly suggest you hire an accountant, or make a lump-sum offer to his ex to settle the matter rather than spend lots and lots and lots of money on lawyers digging up the last four years.
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