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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 11-07-2016, 02:53 PM
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Default Section 7 Expense, how to force fatehr to pay

Hi,

we have agreement which says father has to split Section 7 expense with me and pay certain percentage. It has been a year since order is issued but he did not pay for even single expense, my child has 3-4 activities per week. I always post invoices for him but he did not split and did not participate in those at all. I am in court now with other motions, do I need to do a separate motion to ask the judge to enforce the father to pay arrears in that regard and to keep paying it in future? Or what is the simplest way to enforce the payments? He does not say he has no money to pay, he says child at such age does not need to many activities and he finds it senseless. Child goes to regular things like gymnastics, skating, etc with average cost of such programs.
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Old 11-07-2016, 03:38 PM
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Depends on what your order says.

Typically, expenses need to be agreed upon beforehand and receipts provided.

If you have all of that in your agreement and he has refused payment then you would file a motion.
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Old 11-07-2016, 03:40 PM
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Quote:
I am in court now with other motions, do I need to do a separate motion to ask the judge to enforce the father to pay arrears in that regard and to keep paying it in future?
Can you not simply attach another affidavit to an "already scheduled" motion with your request for S7 expenses?
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Old 11-07-2016, 03:50 PM
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We asked in affidavit for CC for financial disclosure and section 7 to be paid arrears and addition of the parties and dismissal of this case. When we came to CC, judge told my lawyer that if we want financial disclosure, then it has to be a motion, so judge scheduled a motion for financial disclosure, addition of parties and dismissal of the case. Nothing was mentioned about Section 7. I contact my lawyer as little as possible and am writing a draft of affidavit and notice of motion myself. I will obviously get in touch with her later to review my writing and ask if we can just include that section 7 arrears into our affidavit, but I am wondering if it is officially not schedule into motion, would it mean the only way to ask to pay arrears for Section 7 is to do one more motion for that?
> >
I wish I could squeeze it into the upcoming motion for financial disclosure. It is around 2,000.00 owed. I have all invoiced split in family wizard.>>
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Old 11-07-2016, 03:51 PM
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Quote:
Originally Posted by Tatyana K View Post
Child goes to regular things like gymnastics, skating, etc with average cost of such programs.
If the child goes to regular programs, with average costs, then they are hardly extraordinary expenses. In other words, not S7 expenses at all.

Extracurricular has the same first five letters as extraordinary, but the meanings are not the same.
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Old 11-07-2016, 03:55 PM
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blinkandimgone.

our clause just says father has to pay his percentage for Section 7, clause does not says we have to discuss which expenses are reasonable, which are not, etc and whether I have to show them before purchasing activities or after. Clause also only says father has to pay them in 15 days after I show him receipt.

Father always told me that sometimes I don't give contacts for teachers, even though in 90% of cases I gave when they would give them to me. And father says that that kid at the age of 5 does not need activities but should rest at home after school. This is all the argument he has.

I always paid for Section 7 myself and never raised this as it is too expensive to go to court but since he brought a motion himself and I fight back now, I thought I have to tell the judge about this.

Is there some kind of rule around section 7 which is not written out but implied that we have to discuss what activities are reasonable for the child?
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Old 11-07-2016, 04:01 PM
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I am reading now on the internet and I agree it is not so crystal clear with Section 7. My lawyer always told me camp in summer (if I have to work) and extracurricular activities fall under Section 7. Was I misled?
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Old 11-07-2016, 04:07 PM
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Originally Posted by Tatyana K View Post
And father says that that kid at the age of 5 does not need activities but should rest at home after school. This is all the argument he has.
TK ..C'mon, you really think he and his counsel will come in with this as their only argument?

Read over Janus' post. I know you want to "teach him a lesson" as you put it, but you really need to know what you're getting in to with this.
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Old 11-07-2016, 04:12 PM
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MY clause sounds as follows: the parties shall share Section 7 guidelines Special or Extraordinary expenses for the child including daycare, medical, dental and extracurricular activities in proportion to their incomes, with Applicant paying 60% and Respondent paying 40 %. The receipt shall be provided by the Respondent and the Applicant shall pay it within 15 days .fficeffice" />>>
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Old 11-07-2016, 04:13 PM
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I think my lawyer always told me this is part of Section 7 because I have a clause listing things? I don't trust my legal knowledge but I always trusted my lawyer's.
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