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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 10-10-2016, 01:24 AM
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Default Is a vehicle considered an s.7 expense for post-secondary

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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


No. S7 are only things that are an absolute necessary. You'll find FRO cases where fathers driver licenses are suspended or they are slammed for owning a car citing that they can use public transportation

Doesn't matter if your work day or night or if there is safety concerns at night.

A car isn't special or extra ordinary. It is a luxury.


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Old 10-10-2016, 01:29 AM
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Thanks for the reply Trinton...
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Old 10-10-2016, 02:05 AM
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https://www.canlii.org/en/on/onsc/do...&resultIndex=1

60-70 minutes travel on a bus is quite a lot, especially if classes start very early or if there is limited public transportation.
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Old 10-10-2016, 02:11 AM
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Quote:
Originally Posted by trinton View Post
No. S7 are only things that are an absolute necessary. You'll find FRO cases where fathers driver licenses are suspended or they are slammed for owning a car citing that they can use public transportation

Doesn't matter if your work day or night or if there is safety concerns at night.

A car isn't special or extra ordinary. It is a luxury.


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This is false. 'Necessary' is determined based on best interest of the child, not merely the absolute basic necessities of life. There are many circunstances in which a car is a necessity, not a luxury.
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Old 10-10-2016, 09:11 AM
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Quote:
Originally Posted by blinkandimgone View Post
This is false. 'Necessary' is determined based on best interest of the child, not merely the absolute basic necessities of life. There are many circunstances in which a car is a necessity, not a luxury.


Yes, if you deliver pizzas for a living.


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Old 10-10-2016, 09:14 AM
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Default Is a vehicle considered an s.7 expense for post-secondary

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What is the distance from osgoode to Algonkin college?

Given the distance from Osgoode to Algonquin College, it is appropriate for the Respondent to pay for some of the travel costs for Danielle to attend school.


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Last edited by trinton; 10-10-2016 at 10:10 AM.
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Old 10-10-2016, 01:18 PM
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Google maps has it at 28km, drive time of 29 minutes.
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Old 10-10-2016, 01:31 PM
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Google maps has it at 28km, drive time of 29 minutes.


Wow. The judge makes it sound like its at least a 2 hour drive 30 minutes. Wow. People use a sub or train to get to work and spend at least an hour on it. It's cheaper and they don't have to pay for parking.

This whole unilateral decision to purchase a car is more of a luxury thing than an absolute necessary. A car is not needed to receive an education. Where did the money to purchase the car come from. Couldn't that have gone towards tuition?

Sounds like hey lets go buy a car and get daddy to pay for it since he's paying child support.


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Old 10-10-2016, 02:50 PM
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I would be very curious to the outcome of this myself. I am actually employed in the automotive profession so I know first hand what the overall costs are, with purchasing, owning and maintaining a vehicle. A vehicle is a HUGE expense as we all know. And I certainly don't feel it is any parent's responsibility to provide to their child, not unless of course the parents have the means, and choose to provide it.
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Old 10-10-2016, 03:44 PM
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First, are you calculating the expenses properly? You calculate the net cost of the expense. If youre paying 80% then it sounds like your income is significantly higher than your ex. If you live in Ontario then your kid is eligible for grants through OSAP. Second, if your income is over 100,000 a year you may lose this argument as kid may need a car to get to school since public transit is more than an hour one way. Finally, you cant negotiate the tax credit, it comes off the cost you pay.
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