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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 11-07-2016, 03:14 PM
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would my clause mean all extracurricular or extraordinary, lol, I don't know myself what is implied in my own settlement. I just always thought that those listed fall under "extraordinary" but now I am confused.
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Old 11-07-2016, 03:14 PM
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Section 7 expenses are tricky. As it seems you have read. Expenses for day camps or day care while you work (and only while you work, if you put the child in camps when you are off work Dad doesn't have to pay), are almost always S7. However, sports and such, depending on your income and CS levels, are often NOT S7 expenses. It would be useful to know how much these activities are, but you do have to realize that if they are considered S7 expense, you do require Dad's permission or you pay for it yourself. This is stopping parents from signing their children up for expensive activities and forcing the other parent to pay.
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Old 11-07-2016, 03:17 PM
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1- how much child support is being paid?
If high payment of CS then activities may be considered to be covered by CS.

2-expenses are after all tax benefits, not full cost of activity.

3- Why would you not get his permission for the activity, he is still child father and will be paying for activity?

If you choose to enroll without checking with dad then expect to pay full cost, just because agreement has no wording to ask, dose not make it right to treat father like ATM. ( I expect you to be insulted about this but it is what you are doing)

4- If child is in day camps over summer as daycare then yes it is section 7 but only the portion after tax refund, not full cost.

5-advise the school and dad that he has permission to contact them for information, he can reach out to teachers and get added to the send off list. Initial all paper base communications you get and share those too. Nothing more you can do. Or scan all and attach to family wizard.
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Old 11-07-2016, 03:17 PM
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Hi Berner_Faith,

I wont' deprive my child of extracurricular and I would pay them all, I want to understand what my own agreement would mean, is father obliged to pay extracurricular or not? Can you go to previous page and read, I quoted my own clause from settlement there.. and let me know your opinion?

thanks for your input.

He did not pay for camps when we both worked. So, at least this I know he owes me.
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Old 11-07-2016, 03:18 PM
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good_mom, father is against all activities so consulting with him is a failure. Child likes them, so I pay. I tried to discuss before but always failed, so now I only post invoices. If court can enforce them, great, if not, I will keep paying them.
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Old 11-07-2016, 03:18 PM
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Quote:
Originally Posted by Tatyana K View Post
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" />>>
Here'a good read:http://www.justice.gc.ca/eng/rp-pr/f...ep7-etap7.html

Quote:
What are special or extraordinary expenses?

The Federal Guidelines define “special or extraordinary expenses” as expenses that are:

necessary because they are in the child’s best interests; and
reasonable given the means of the parents and the child and in light of the family’s spending patterns before the separation.

Special or extraordinary expenses are:

child-care expenses that you may have to pay as a result of a job, an illness, a disability, or educational requirements for employment if your child spends most of the time with you;

the portion of your medical and dental insurance premiums that provides coverage for your child;

your child’s health-care needs that exceed $100 per year if the cost is not covered by insurance (for example, orthodontics, counselling, medication or eye care);

expenses for post-secondary education; extraordinary expenses for your child’s primary education, secondary education or any other educational programs that meet your child’s particular needs; and extraordinary expenses for your child’s extracurricular activities.

An expense for education or extracurricular activities is extraordinary only if:

it is more than you can reasonably pay based on your income and the amount of child support you receive; or

it is not more than you can reasonably pay, but it is extraordinary when you take into account: your income and the amount of child support you receive;

the nature and number of educational programs and extracurricular activities;

the overall cost of the educational programs and activities;

any special needs and talents of the child; and any other similar factors that are considered relevant.
Perhaps dad is saying that the child doesn't need to be in every sport in the town, that he cant afford it, and neither can you.
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Old 11-07-2016, 03:22 PM
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I chose cheapest gymnastics, kid attended for 3 years now and loves it. Kindermuzik is the only one in town, regular price, he loves that too. Skating programs are also all average costs and kid loves it. Father opposed everything and thinks child should stay home, so I stopped inquiring about his opinion.
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  #18 (permalink)  
Old 11-07-2016, 03:26 PM
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I hear you TK...but you're also telling us you need more money....that your child is "deprived" from lack of CS. So how can you justify putting him in so many sports/activities? You do what you can afford. (Just out of curiosity, why are you not on an "offset" CS regime given its a 50/50 schedule)? Section 9 of the CSG clearly state that should be the case (%40 threshold) .. I'd be going to court if I were him also...to even things out a bit.

One more question .. are you saying that ALL these activities occur just on your time? It would seem dad would bring him to some on his time also. It's a 50/50 schedule.

I have my little D5 in a very prestigious ballet class (best in the city) and "Sparks". I'd like to have her in "swimming", "figure skating and a bunch of others, but I do what I can afford. You should too.

Last edited by LovingFather32; 11-07-2016 at 03:31 PM.
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Old 11-07-2016, 03:28 PM
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I could afford it all no problem if father did not pull me in courts. Well, I still pay it and I will pay. 3 hours with lawyer cover a term with those activities. So, yes, I rather write legal papers myself but spend these money on my child.
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Old 11-07-2016, 03:37 PM
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Or...present an offer to settle giving shared custody, everything split down the middle and stop all this court nonsense.

Listen, he already has 50/50 .. which rocks. You said you "deserved" sole custody in your very first post....that means you made a bunch of decisions to put the kid in a windstorm of sports without asking dad (or caring what he thinks). Dad can't afford it.

In my post above, you see the courts take in to account how reasonable the expenses are, how many activities/sports, etc. It's a bit more complicated than you think.
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