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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 09-04-2012, 01:56 PM
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Default Who pays for eye care ? Ie. glasses ?

So we have a seperation agreement that we agreed to without going to court. My son requires glasses and I've found a discrepancy in the agreement so I'm not sure who pays for what. In one section that involves the special and extraordinary expenses as defined by section 7.1, the agreement states that I pay 75% and she will pay 25% of expenses. Glasses seem to fall under that category as per the government guidelines. However there is a section in our agreement that's says "I shall pay for 100% of the children's and her medical and dental expenses" . Which one do I follow for glasses? This agreement was made up by her lawyer and I chose not to have a lawyer review it when I signed (which is now coming back to bite me in the ass I know)
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Old 09-04-2012, 02:02 PM
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Yuck, that wording sucks.

Glasses, dental and medical matters are all s7 items that should be paid proportionally to income.

Unfortunately, I can see where optical requirements would fall into either clause in your agreement.

I guess it comes down to this - how much of is the 25% difference gonna cost you? If it is anything under $1000 over the next 12 years, I'd suck it up as try to change the agreement is gonna cost a lot more in legal fees that what you'd end up paying if you paid the extra 25%.
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Old 09-04-2012, 02:10 PM
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It will end up costing over $1000 in the nest ten years but I need to. Begin the process of changing the agreement anyways as I am paying way above the. Guideline recommendations at the moment and can no longer afford to. My concern is for right now my child needs glasses for school and I don't really care about the extra 25% for this one cost, but my worry is that it will set a precedent I don't want for when things go to court to be changed, I would like to have that one section where it says I will pay for 100% removed and go with the 75%, but at the same time I don't want to be violating my current agreement .
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Old 09-04-2012, 02:25 PM
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If you are opening up the agreement anyway to get it altered, then I would get this area amended. But if I wasn't going to, I wouldn't bother as 3-4 hours of your lawyers time = what you would be out of pocket over the duration of their childhood.

As for paying more than guideline c/s, do you have your Notice of Assessment for 2012? If so, write them a letter (registered) stating you are paying c/s in accordance with the guidelines. Submit a copy of your NoA with it as evidence that you are obligated to pay X amount.

As for the 75-25 split, should it go to court, it will be split proportionally to incomes. If it only changes to 65-35 you > her, then again, it is likely not worth the money spent. The cost/benefit % will be off.
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Old 09-04-2012, 02:48 PM
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goggles4u.com

They have seriously crazy deals and you can claim it through your insurance if you have it.
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Old 09-05-2012, 03:05 PM
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What about telling her the truth? You noticed the discrepency in your agreement and since the agreement is incorrect that you will follow the law, pay that amount.

If she barks, pay full and advise her you are doing it because your kid needs glasses and then request that your agreement be rectified. Again if she barks, file the change in court.
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Old 09-05-2012, 04:26 PM
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It almost sounds like your agreement was setup such that medical and dental expenses that are covered under a workplace benefits plan would be paid from that...assuming you have the plan.

If eyeglasses are part of that plan then perhaps they should be paid from that...if not, then it would fall under extraordinary expenses?

I think the "spirit" in how that medical and dental clase was formed is the key.
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