Another Section 7 ?

[Boomstrike]

Separated from the ex in 2009. Separation agreement signed in 2010.

There is no clause in our separation agreement regarding that each parent pay their proportionate share of section 7 expenses for the children.

I have to pay a portion of my health benefits premiums through my employment for myself and my two children.

With no clause, is the other parent obliged to pay?? Can I get the ex to pay her share of the premiums for 2009,2010, 2011, or do I find myself in front of a judge again. The ex doesn't think she needs to pay.

Thanks

[NBDad]

Does your ex carry health care benefits for the kids as well? Have you asked that she pay a proportional share? You have to have formally requested her to have paid, and had her refuse in order to have a chance of recupping retro payments.

But yes, according to the federal guidelines, the difference in the amount YOU pay (for a family plan as opposed to a single plan) is technically a section 7 expense and your ex should owe a proportional share.

Link Here

###Snippet of relevant section###

Special expenses are:

child-care expenses that a parent with whom the child lives incurs as a result of the parent's job, illness, disability or educational requirements for employment,

the portion of a parent's medical and dental insurance premiums that provides coverage for the child,

the child's health-care needs over and above that covered by insurance (for example, orthodontics, counselling, medication, eye care and other items) that exceed $100 per year,

the child's extraordinary expenses for extracurricular activities,

the child's extraordinary expenses for primary and secondary education or other educational programs, and,

the child's expenses for post-secondary education.

[mcdreamy]

Are you sure you want to open that door?

My ex has our daughter on his coverage, I have no clue what if any premiums he pays to maintain that coverage.

On the flipside, I have never asked him for any section 7 expenses. But I can tell you, if he now asked me to split the cost of the premiums, I would re-open every tuition/tutoring bill, daycare expense, and extracurricular activity she's been involved in for the last 14 years and go for each and every future section 7 expense.

[Boomstrike]

Originally Posted by mcdreamy

Are you sure you want to open that door?

You bet I do. It is time to take a stand. Its called equal shared parenting. One parent should not have to burden all costs in raising a child.

Does your ex carry health care benefits for the kids as well? Have you asked that she pay a proportional share? You have to have formally requested her to have paid, and had her refuse in order to have a chance of recupping retro payments.

Yes to all of the above.

So basically with no clause in the separation agreement, the ex is still responsible for any section 7 costs?

[Berner_Faith]

OKay so let me get this right... you both have benefits for the kids... does that mean you will be paying a portion of your spouses benefits that cover the kids as well? That seems a little petty, if you both are paying premiums why not just leave it at that? And then...anything that is NOT covered by either of your benefits would be considered Section 7 and split proportionate to income.
I mean, is there going to be a huge difference between your premiums and hers? Or are you basically fighting over such a small amount its not even worth the time?

My bf and his ex both have benefits for the kids...well actually I have benefits for the kids through my work...he does not receive benefits through his employer... but the amount we pay is about $40 more a month then she pays to have the kids on her plan...it really isn't worth our time or energy asking that she pay her portion (so 2/3) of this expense...why? Because then we would have to pay 1/3 of her premium...basically in the end she would end up owing us less than $5 a month... really not worth it if you ask me...

As for section 7...yes she should be responsible for her portion... although if she pays CS to you, these section 7 expenses may be included in what the CS is. You also have to make sure you are asking her for a reasonable amount... like if you are asking for babysitting...are you deducting any government assistance you receive for this? Any benefits you receive from the government or that you can basically write off on your taxes and be reimbursed for must be taken into account, then whatever is not covered may be considered a section 7 expense.

[Boomstrike]

The ex does not pay for her premiums but has very basic coverage. My benefits on the other hand are better than what most government employees have.

The ex receives the child support. Her proportionate share for the premiums would be $800/year. $2400 total if you go back to 2009.

[mcdreamy]

So she has more access/control than you do? Is she the CP? She receives CS, and presumably has yet to ask for Sec. 7? As I said... beware the dog you are about to awaken.

[Berner_Faith]

Ya I agree with mcdreamy...have you contributed to every section 7 expense since 2009? If not I would be very careful because if you are going to ask the other parent to contribute to this...you can bet they are going to ask you to contribute to their section 7 expenses and expect to owe retro

[madm82]

$800 a year, works out to what $67 a month roughly. Think long and hard about it before you open up that can of worms. Is $67 a month, really worth your time, let alone any legal fees that would incur? If the answer is yes, then by all means go for it, but if the answer is no- RUN!