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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 10-07-2012, 12:29 PM
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Default Extra curricular Activity

Question regarding extra curricular activities. Every website does not nor can not specifically describe an extra curricular and the responsibility for payment of such.
I pay full child support for our 2 girls. We have a 40-60 shared. All after school activities we pay pro rata. Winter outfits and boots are pro rata. This is because I could not stand the back and forth undressing their mom made the girls do to keep her stuff separate. Child care is pro rata.
Order says "extra curricular" pro rata if agreed upon.
Here is the thing, she has always included the in-school activities such as trips, back packs, lunch bags with C.S. for the last 6 1/2 yrs. I found this reasonable.
She now is insisting I pay pro rata on all school activities as well.
Where does this end?
What is C.S. considered to cover as far as school activities?
(I understand Post Secondary is different.)
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Old 10-07-2012, 09:21 PM
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What are the activities she is asking for? s7 also takes into account the person that is receiving cs, their income WITH the cs.

You may want to review this:

Step 7: dealing with special expenses - The Federal Child Support Guidelines: Step-by-Step
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Old 10-07-2012, 10:42 PM
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Anything that would be considered 'dailies' is covered by CS so backpacks, lunch bags, lunches, standard field trips and school activities would fall into that. Anything that is over and above that could be considered S.7 ie: hockey or figure skating, if there is a substantial expense. I *think* the minimum cost is $100, depending on the CS receiver's income.
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Old 10-08-2012, 12:04 AM
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She is asking me to pay pro rata on the $10 for the agendas for school and also to now start paying all school items like lunch bags, school trips, school supplies pro rata. I already pay pro rata on skating, swimming and anything else that is an after school activity.
I don't have a problem paying $10 for anything, however, when does this end? As I stated, I pay full child support and still pay all s7 expenses, daycare, dental, and eye glasses pro rata. Now she is adding the school expenses.
Can you explain what the minimum you are referring to regarding the $100.
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Old 10-08-2012, 01:11 AM
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If you're paying full CS then there's no way in hell you should be paying for lunches, lunchbags, schoolbags, agendas. What exactly is it she thinks CS covers...?

I found a reference to the $100 I was thinking of...

Quote:

(c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy, prescription drugs, hearing aids, glasses and contact lenses;
Family Law Act - O. Reg. 391/97


The items you mentioned are covered under CS, are neither special or extraordinary by any means.

Definition of Special or extraordinary expense:

Quote:
Special or extraordinary expenses

7. (1) In an order for the support of a child, the court may, on the request of either parent or spouse or of an applicant under section 33 of the Act, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the parents or spouses and those of the child and to the spending pattern of the parents or spouses in respect of the child during cohabitation:

(a) child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;

(b) that portion of the medical and dental insurance premiums attributable to the child;

(c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy, prescription drugs, hearing aids, glasses and contact lenses;

(d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;

(e) expenses for post-secondary education; and

(f) extraordinary expenses for extracurricular activities. O. Reg. 391/97, s. 7 (1); O. Reg. 446/01, s. 2.

Definition, “extraordinary expenses”

(1.1) For the purposes of clauses (1) (d) and (f),
“extraordinary expenses” means

(a) expenses that exceed those that the parent or spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that parent’s or spouse’s income and the amount that the parent or spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate, or

(b) where clause (a) is not applicable, expenses that the court considers are extraordinary taking into account,

(i) the amount of the expense in relation to the income of the parent or spouse requesting the amount, including the amount that the parent or spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate,

(ii) the nature and number of the educational programs and extracurricular activities,

(iii) any special needs and talents of the child,

(iv) the overall cost of the programs and activities, and

(v) any other similar factors that the court considers relevant. O. Reg. 102/06, s. 1.
You're well within your rights to tell her to go pound sand.
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Old 10-08-2012, 08:50 AM
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Quote:
Originally Posted by blinkandimgone View Post
Anything that would be considered 'dailies' is covered by CS so backpacks, lunch bags, lunches, standard field trips and school activities would fall into that. Anything that is over and above that could be considered S.7 ie: hockey or figure skating, if there is a substantial expense. I *think* the minimum cost is $100, depending on the CS receiver's income.
There is a "but" to this... The total income of both parents is considered. There is a breaking point in case law whereby if both parents are making over 60,000 a judge will go bananas and throw both parents out of the court if they are bitching about S.7 expenses and wasting public resources (the court's time).
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