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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 10-09-2016, 08:20 PM
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Default Is a vehicle considered an s.7 expense for post-secondary

Has anyone had any experiences with vehicle expenses related to post-secondary? My daughter can take public transit (60-70 minutes) to school which is included in her tuition, but chose to buy a car for the convenience factor (45 minutes to drive to school and find parking). The maintenance, insurance, fuel, repairs and parking for the year totaled $7,200.

Her tuition for the year was $7,600.

I find the amount excessive and unnecessary. My daughter is currently living with mother and they purchased the car unilaterally without my knowledge or consent. I don't believe this meets the threshold for extraordinary (necessary and reasonable).

Any thoughts, comments, experiences would be appreciated.
Thanks in advance
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Old 10-09-2016, 08:47 PM
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Tell your daughter to either take the bus or move closer. If she moved out of the mothers home, the. You would need to pay your proportion of the living expenses, but then she would not be living with Mom therefore you could apply,the CS towards the living expenses.

Give her a reality check.

$7200 is a lot of money for convenience.
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Old 10-09-2016, 09:32 PM
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I'd be really curious to know how this turns out. Sounds like a money grab to me
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Old 10-09-2016, 09:57 PM
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Default Is a vehicle considered an s.7 expense for post-secondary

Given that the government won't give a student educational funding if the student owns and can afford to maintain and insure a car, NO!

You could however, mention to your child that you could buy him/her a car if he/she comes to live with you instead of having to pay her mom every month - given that she is of adult age and old enough to make his or her own decisions and Obviously in a friendly and non confrontational and offensive way.

Where did the money for the car come from? Who's really going to be driving this car?


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Old 10-10-2016, 12:24 AM
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There are two sides to this.

1) A car is clearly not an S7 expense for a child who can take public transit to school. It is not necessary and not special.

2) I think I've seen some cases where judges have decided that cars were S7 expenses. Judges are honestly almost clueless when it comes to S7. They repeatedly and almost routinely order expenses that are not even close to being special or extraordinary.

So yes, a car is not S7, but that won't stop a judge from deciding that it is S7. Tread carefully.

Last edited by Janus; 10-10-2016 at 12:26 AM. Reason: grammar oops
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Old 10-10-2016, 12:30 AM
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Thanks for the reply, I have found cases on CANLII where the Judge has determine that a car and insurance were not extraordinary or necessary as public transit was available and an option.
If you know of any where they decided the opposite, do you have any references?

Thanks again
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Old 10-10-2016, 12:31 AM
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Thank-you for the information regarding the government funding and car ownership
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Old 10-10-2016, 12:32 AM
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Thank-you for the reply
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Old 10-10-2016, 01:04 AM
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Does your child have any disabilities? Does your child have a job to get to before and after class? is this an amount that you would be willing to negotiate on? (eg. offering to pay for the insurance?)

Does your child have to take courses at night where personal security might be an issue?
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Old 10-10-2016, 01:18 AM
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Hello Arabian,
No she doesn't have any disabilities. She works at a job that is a walking distance from her mothers home. She works so she can afford the car.
My view is that she shouldn't work through the school year so she can focus on her studies. She would only need to work part-time in the summer to pay her 1/3 cost which would amount to less than $1000 for the year. I pay 80% of the 2/3 costs of her post secondary.
I made an offer to settle which included a provision to have my daughter transfer me her tuition/book costs so that I could apply the credit on my tax return and then provide my daughter with the refund immediately so she wouldn't have to wait until she finished school and had a job so she could use this tax advantage. Basically, I suggested monetizing the credit immediately and providing her the refund balance so she could use the money toward her 1/3 share. I would do this by filing a mock tax return (turbo tax) showing the difference with applying the credit and then providing her the money.
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