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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 06-11-2014, 11:20 AM
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It would likely be deemed C/S as the cost is insignificant. Clothes cost more, are used by the kids at both homes and are c/s expense.
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  #12 (permalink)  
Old 06-11-2014, 11:36 AM
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Quote:
Originally Posted by sioux View Post
That will be you then?
Pardon me????
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  #13 (permalink)  
Old 06-11-2014, 11:44 AM
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Quote:
Originally Posted by sioux View Post
Mother.....it doesn't matter. You are being coy here in your questions, and it's obvious what is going on. The saying you can't have your cake and eat it applies here.

Bigger salary...so what? It comes back to the same question...what do you think CS is suppose to cover when it gets awarded
Am I??? LOL, assumptions, assumptions. They can soooo mislead you at times and things are not as they seem to be (at times).

Let me guess: you have no idea what's really going on and I'll leave it at that for now.

Great question you've asked: "what do you think CS is suppose to cover when it gets awarded?" I am trying to get a clear answer to this question for some time now, I put internet upside down, I drilled a hole in one lawyer's brain, I posted a topic on this same forum a while ago - no one can give me the exact information with regarding what exactly is covered by the CS money?

So, what do YOU think CS is suppose to cover?
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  #14 (permalink)  
Old 06-11-2014, 11:53 AM
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Not sure what else do I need to disclose?
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Old 06-11-2014, 11:57 AM
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Let me try again.

A child

Two parents - joint custody, child resides with parent 1 who gets CS from parent 2

Child's passport has expired, needs to be renewed for the future travels

Parent 1 (with CS) demands from parent 2 to pay 60% of the cost for thr passport renewal based on the fact that parent 2 gets bigger salary

Question: does perent 2 needs to pay for the passport? Any legal rules for this? If yes - how much (%)?

And yes, the same question again - what is covered by CS?
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Old 06-11-2014, 12:02 PM
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Quote:
Originally Posted by Mother View Post
Let me try again.

A child

Two parents - joint custody, child resides with parent 1 who gets CS from parent 2

Child's passport has expired, needs to be renewed for the future travels

Parent 1 (with CS) demands from parent 2 to pay 60% of the cost for thr passport renewal based on the fact that parent 2 gets bigger salary

Question: does perent 2 needs to pay for the passport? Any legal rules for this? If yes - how much (%)?

And yes, the same question again - what is covered by CS?
CS isn't legislated down to the penny. What isn't covered by CS is considered an extraordinary expense, and covered by section 7. But that varies based on the incomes and lifestyle of the family prior to the breakup.

If the incomes are high, then it woudl be considered part of CS for sure. If the incomes are low, they might be considered extraordinary.

But as I keep repeating, it isn't worth fighting over - an hour of a lawyers time is 300-400$, do you really want to get argumentative with your ex about this?
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Old 06-11-2014, 12:04 PM
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Thank you for your answer.

It's not about being argumentative, it's about knowing the rules and practices.
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  #18 (permalink)  
Old 06-11-2014, 12:07 PM
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Partners agreement doesnt specify. He was kind and provided a cheque to cover the cost of one passport. It is assumed by both parties that registration and documentation costs for the kids are the responsibility of the recipient. But she makes more than my partner and his cs payments at the time were high.
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Old 06-11-2014, 12:12 PM
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Again, it is c/s.

All matters of extraordinary expense are covered under s7 which doesn't contemplate passports.

Quote:
Special expenses are:

  • child-care expenses that a parent with whom the child lives incurs as a result of the parent's job, illness, disability or educational requirements for employment,
  • the portion of a parent's medical and dental insurance premiums that provides coverage for the child,
  • the child's health-care needs over and above that covered by insurance (for example, orthodontics, counselling, medication, eye care and other items) that exceed $100 per year,
  • the child's extraordinary expenses for extracurricular activities,
  • the child's extraordinary expenses for primary and secondary education or other educational programs, and,
  • the child's expenses for post-secondary education.
The term extraordinary expenses means:

  • expenses that are higher than those that the parent requesting an amount for the extraordinary expenses can reasonably cover, in light of that parent's income (including the child support amount), or
  • expenses that aren't higher than those that the parent requesting an amount for the extraordinary expenses can reasonably cover, but that are extraordinary taking into account:
    • the income (including child support) of that parent,
    • the nature and number of the programs and extracurricular activities,
    • any special needs and talents of the child,
    • the overall cost of the programs and activities, and
    • any other similar factor that is relevant.
It is highly unlikely that a passport would be a s7 expense unless both parents make very little money.


Back to my previous example - do you ask the other parent to contribute when the kid needs a new pair of shoes which may cost $50-$80? I mean, the kid wears them in both households?
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Old 06-11-2014, 12:14 PM
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Quote:
Originally Posted by Mother View Post
So I guess there is no firm rules, it's kinda an agreement between the parties. What if the party that gets CS demands the other parent to pay 60% for the passport based on the bigger salary the non CS parent gets?
My ex and I share the cost of the passports 50/50 as this is not S7. I pay offset child support.

I applied for a nexus card for my children (free) which allows for access to the US without the passport (although it's recommended to have both)
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