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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 12-01-2005, 09:29 AM
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hubby,

No, you are not obligated to share those kinds of expenses. Section 7 expenses normally just include activities for the children, medical and dental costs and post-secondary education. Day-to-day expenses are the reponsbility of the residing parent, or the party who is parenting the children at the time. I think what everyone is saying that some day-to-day expenses *should* be shared, especially costs for a parent who has to travel a distance to exercise access.

In that kind of situation, one must take into consideration the reason why the non-custodial parent is living so far away. Perhaps that parent simply chose to move, or perhaps he or she was forced to move to accept a job that he or she would not have been offered in the city in while the children reside. Excessive travel expenses for access can be taken into consideration by the court in determing whether child support for a non-custodial parent may be reduced, but it really depends on why the travel is necessary.

Lindsay
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Old 12-01-2005, 09:45 AM
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Default Day care expenses

Whoa! I was under the impression that both parrents were responsible for daycare costs?

My wife only wants me to have the kids every second weekend when no daycare service is required.

This being said, since she would have them during the periods when she would be the care giver and requries the daycare services, she would be responsible for picking up the costs?

This is my understanding, correct me if I'm wrong? This makes a big difference in my budget numbers.

Hubby
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Old 12-01-2005, 09:54 AM
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Sorry for the heart palpitations hubby! Daycare costs are considered a section 7 expense as well.

How section 7 expenses costs are to be shared is not set in stone. There a guidelines that may be followed, but everything depends on the custody situation and what kinds of expenses each party incurs. Some parties split everything 50/50, but there are also some cases where one parent agrees to pay all section 7 expenses in lieu of child support. It all comes down to how many expenses are involved and what the parties are willing to agree to.

You may want to start with an outline of the custody situation and the expenses that you and your spouse are currently incurring. If you can sit down and together and try and negotiate some issues, fantastic! If not, consider sitting down with a lawyer. An outline will allow him or her to give you a better idea of what you can expect and what approach you may take when negotiating how section 7 expenses are to be shared with your spouse.

Lindsay
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Old 12-01-2005, 10:04 AM
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Default Ok heart back to normal.

Thanks Lindsay,

I guess this is why so many spouses have a difficult time with custody rights and agreeing to the arrangements ... it basically boils down to affecting child support payments and possibly spousal payments and daycare costs?


Hubby
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Old 12-01-2005, 11:33 AM
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Hubby,

Although a lot of parents have trouble adjusting to paying for costs or child support when the child isn't in their care, I personally think the most "trouble" comes from custody issues, not support issues. No parent wants to be away from their children for days or weeks at a time. Most people would think things would stay amicable if they ever separated from their spouse, but when it actually happens, there is so much emotion involved that it makes it really hard to commuicate with their soon-to-be ex spouse.

And that's why we're here. Thanks for all of your questions.. I'm sure you've asked quite a few that have been on a lot of our members' minds!

Lindsay
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Old 03-13-2006, 02:54 PM
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Lindsay mentioned that "You and your spouse would most likely share these expenses in proportion with your incomes." ... is this a percentage derived by combining both incomes and basing the expenses as a percentage based on your portion of the total income? Does this apply to both section 7 and section 9 expenses?

IE - Lets say spouse earns 40K and other spouse earns 60K - then based on the total of 100K - one parent pays 40% while the other pays 60% correct? Does the fact that one has 40% more/less joint custody matter into the equation?

Again, irregardless of the 'proportion with the incomes' if one finds the % too high, it is negotiable?

Hubby

Last edited by hubby; 03-13-2006 at 03:01 PM.
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Old 03-13-2006, 03:20 PM
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Am I understanding this properly? On top of child support, the non-custodial parent should be paying 1/2 of the caregiver? I thought that was part of the support amount.
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Old 03-13-2006, 03:27 PM
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Hi hubby,

Your calculations are right. This would be applied to section 7 (or special or extraordinary) expenses.

I'm not sure what you mean by section 9 expenses, but I think you're asking if whether the fact that custody is shared makes any difference. With child support, both parties having the child not less than 40% of the time does not mean that their child support obligations will automatically cancel each other out. Normally one party has a higher income than the other, so the child support obligations are set-off against each other resulting in a smaller payment from one party to another. The same would normally go for special or extraordinary expenses. The party with the higher income can afford to pay more than the other, and as such it's common for each party to agree to pay in proportion to their combined incomes.

Anything can be negotiated, because every single parenting situation is different. Some parties will agree to share special or extraordinary expenses 50/50, no matter what the difference is in their incomes. There are also cases where the parties have agreed that there is no child support payable from the higher income parent, so long as that parent pays for 100% of the child's extraordinary expenses.

Quote:
On top of child support, the non-custodial parent should be paying 1/2 of the caregiver?
You're understanding correctly Peggy. Each party normally has an obligation to contribute to section 7 expenses incurred for the child. Please take a look at http://www.a1-ontario-divorce.com/section7.htm for more info on this.

Lindsay
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Old 03-13-2006, 03:47 PM
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Quote:
Originally Posted by Lindsay
With child support, both parties having the child not less than 40% of the time does not mean that their child support obligations will automatically cancel each other out. Normally one party has a higher income than the other, so the child support obligations are set-off against each other resulting in a smaller payment from one party to another.
Lindsay
Provided that BOTH spouses have the children 40% or more of the time, anything less that 40% and I believe the paying spouse pays 100% of the child support amounts from the guidelines right?

Hubby
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Old 03-13-2006, 04:44 PM
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That's right hubby. Joint custody or not, a parent who has access to the child less than 40% of the time would be looking at paying the full Guideline amount based on his/her income.

However, in that kind of case, how section 7 expenses are paid could still go either way. They could either be split 50/50 or be paid based on each party's percentage of the combined incomes.

If anyone needs a clear breakdown of sole, joint and shared custody, please see http://www.a1-ontario-divorce.com/childcustody.htm

Lindsay
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