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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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  #21 (permalink)  
Old 11-07-2016, 03:41 PM
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loving father, this is a thread about Section 7, not custody, I always have to say it to you, you are off-topic. Dad can afford lawyer though. )
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Old 11-07-2016, 03:46 PM
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Most kids programs are not considered extra ordinary based on incomes and child support. And if you cant afford them all and your ex says its not necessary then you cant just enroll and demand payment. Even intact families make decisions based on income. I have family members who have told their kids they can only do one activity because of school and costs. Divorce shouldnt suddenly give people free rein to break the bank. If you want kid in activities and can afford it then have at it but dont assume its a s7 cost because you want it. He didnt agree, you cant force him.
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Old 11-07-2016, 03:48 PM
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thanks rockscan
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Old 11-07-2016, 03:50 PM
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All special expenses must meet the tests of necessity and reasonableness set out in subsection 7(1) of the guidelines. The onus falls on the applicant who seeks special or extraordinary expenses under section 7 of the guidelines to prove that the claimed expenses fall within one of the categories and that the expenses are necessary in relation to the child’s best interests and reasonable having regard to the parental financial circumstances. See Park v. Thompson, 2005 CanLII 14132 (ON CA), 2005 CanLII 14132, 77 O.R. (3d) 601, 197 O.A.C. 158, 252 D.L.R. (4th) 730, 13 R.F.L. (6th) 415, [2005] O.J. No. 1695, 2005 Cars*well*Ont 1632 (Ont. C.A.).
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Old 11-07-2016, 03:53 PM
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this is all so vague. father pays child support from 100,000.00 K per year. Activities are not that expensive and kid loves them. With summer camps I have around 2.5-3 K per years in expense for extracurricular and summer camps. I don't know if father should share to pay for them or not and who would decide whether it falls under Section 7 . I realize I did not fully understand that part of law as I see now.
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Old 11-07-2016, 04:12 PM
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As I understand it, Dad MUST pay S7 expenses which are related to necessary medical or dental treatment or to child care which is necessary for you to do paid work. He MAY pay for other expenses if the two of you have agreed in advance about the activity.

In other words, if register the child in an activity without seeking Dad's consent, he does not have to pay for part of it. He might pay if he thinks it's a good idea, but he is not obliged to pay if he didn't agree before you enrolled the child. This is why before you register the child for an activity, you should ask Dad if he is willing to share the cost. If he is willing to share, no problem. If he is not willing to share, you have to decide whether to pay for it all yourself.

The clause in your order is very vague - it says that you and Dad will share costs of extracurricular activities but it doesn't specify which activities or how to determine whether an activity is S7 (it's not reasonable for all extracurricular activities no matter what to be considered S7). With an order like this, I suggest you enroll the child only in activities which you can afford on your own, unless Dad has agreed in advance to share the cost. This means that you may have to cut back on the number of activities that the child does, but that's not a terrible thing.
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Old 11-07-2016, 04:21 PM
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Stripes, thanks for constructive reply.
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  #28 (permalink)  
Old 11-07-2016, 05:19 PM
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This topic has been covered many, many times before. There is a very good explanation of S.7 expenses, and extraordinary vs extracurricular activities here:

http://www.ottawadivorce.com/forum/f...rdinary-20264/
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