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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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Old 06-01-2015, 03:41 PM
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Default misinterpretation of Separation Agreement

How do I handle the fact my ex has misinterpreted the wording in our Separation Agreement so that she does not have to pay Section 7 expenses? The wording states that she can not unreasonably withhold expenses as it relates to my son's hockey expenses. He play's double AA hockey and she does not want to cover his registration fees, new equipment (he has outgrown his equipment from last year - he's 16)

If she is in breech of contract how do I handle it? She is also failing to read other conditions clearly and basically only paying what she wants to and leaving a huge financial burden on my and my family. I have custody of both kids and she paid zero CS for 2.5 years. My family and I had to sell items in order to put food on the table and heat the house while she pocketed her entire paycheque monthly and ignored her family responsibilities.
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Old 06-01-2015, 04:08 PM
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S7 is not usually interpreted to mean that the sky's the limit. If Kid's hockey expenses have increased markedly since the time the separation agreement was signed, it would not be unreasonable for Mom to say she can't afford it (and your agreement says she will not unreasonably withhold her share of expense - not that she will pay any expenses your son incurs).

CS is a whole different ball game - she can't "reasonably" refuse to pay that. Other posters will have advice for how to get your order registered with FRO or MEP to be sure you can collect.

If you have to sell things to put food on the table, AA hockey may simply be too expensive for Kid. This may be disappointing, but he has to live within his parents' means.
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Old 06-01-2015, 04:26 PM
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My son was playing AA hockey prior to separation and S7 expenses indicate that we had to prove previous spending patterns were present prior to separation. This was done successfully however she is only picking and choosing what to pay.

Now that I finally have CS $ coming in monthly (not consistently) things are much better however she is still not fulfilling her responsibilities for S7 even though she is financially able to contribute.

My daughter is 20 and she has refused to assist her with paying for university and summer courses as well. Now my daughter has to work 2 jobs and maintain a 90% average to hopefully get into her masters program in the future.

Great kids but mother is washing her hands of them. Hence why I was granted FULL custody.
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Old 06-01-2015, 04:52 PM
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Quote:
If she is in breech of contract how do I handle it?
Does your agreement have a dispute resolution section? If so, use it.

If it does not, you can seek remedy at court: specifically, that your ex owes child support arrears of XXX (including contributions to s.7 expenses which she has unreasonably withheld), ongoing support of YYY and ongoing contributions to s.7 of ZZZ, all of which are to be enforced by FRO.
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