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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 06-29-2012, 12:58 PM
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Default Extraordinary Expenses vs Extra curricular activities

Hi!
I recently got another request from my ex for consent to put the kids in swimming and an art class over the summer. What she means is "am I agreeing to pay 1/2 of these costs".
I replied that because I pay about $800 per month in CS, and she earns a bit more than me each year (around $50,000), that I think the costs should be covered by her.
I have 2 other children at home who I am a single father to, and I am having some issues with my house which are causing cash flow problems.
She threatened to file the receipts for these things with the court as per our seperation agreement, to force me to pay.
My question is...What are the potential risks to me if she files the receipts to a court? Am I at risk of being made to pay her legal costs? Am I at risk of being force to pay a share of the costs only? Will I need a lawyer to represent myself if she files some receipts to the court?
I am reluctant to get into a big battle about this, but I feel she is also asking for a lot of extra $ above the CS I already pay. Should I just be paying it to avoid great hassles?

Also, I find it frustrating that she is able to deduct all the child care costs and extracurricluar costs for our 2 children, given that I have been paying half of those costs and I am not allowed to claim costs for children that don't live with me.

I would appreciate any thoughts of feedback you may have. I have found some past posts about Section 7 costs very helpful/interesting.

Thanks for your thoughts!
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Old 06-29-2012, 01:11 PM
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It may depend on how your order is worded. If Section 7 expenses are addressed as 'proportionate to income' and/or requiring consent from both parties that may change how it is interpreted.

Also would depend on the costs associated with the activities. Some of it would be covered by CS.

The fact that you have other children and reno's going on will not likely be considered.
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Old 06-29-2012, 01:22 PM
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Reminder, you only have to pay your proportional share for s7 expenses. And for athletic activities where the ex is able to use the child activities tax credit, the amount the ex is entitled to be reimbursed is calculated into the amount you are required to pay.

So lets say child care (using Hypothetical numbers):

Costs $500 per month for 2 kids
She makes $52k a year
she receives $100 per kid per month from the CCTB
You make $48K per year
She is able to deduct $6k for child care

Child care costs = $500 - $200 = $300

The ex also gets $1000 back due to being able to deduct the $6k from their income = 1000/12=83.33

$300-83.33 = $216.77 to be split 52/48 = $104.05 is your share.

She doesn't get to get you to pay 1/2 of the actual cost when the real costs to her is significantly lower. Otherwise, using the numbers I gave (which were completely from air) she'd be making $30 per month off you.
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Old 06-29-2012, 04:05 PM
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Quote:
Originally Posted by HammerDad View Post
Reminder, you only have to pay your proportional share for s7 expenses. And for athletic activities where the ex is able to use the child activities tax credit, the amount the ex is entitled to be reimbursed is calculated into the amount you are required to pay.

So lets say child care (using Hypothetical numbers):

Costs $500 per month for 2 kids
She makes $52k a year
she receives $100 per kid per month from the CCTB
You make $48K per year
She is able to deduct $6k for child care

Child care costs = $500 - $200 = $300

The ex also gets $1000 back due to being able to deduct the $6k from their income = 1000/12=83.33

$300-83.33 = $216.77 to be split 52/48 = $104.05 is your share.

She doesn't get to get you to pay 1/2 of the actual cost when the real costs to her is significantly lower. Otherwise, using the numbers I gave (which were completely from air) she'd be making $30 per month off you.
True, but not all "extracurricular" activities are s7 (ie extraordinary).

Swimming lessons and art class are not extraordinary for 100K combined income and she can reasonably cover the expense.

(1.1) For the purposes of paragraphs (1)(d) and (f), the term “extraordinary expenses” means
a) expenses that exceed those that the spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that spouse’s income and the amount that the 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;
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Old 07-01-2012, 10:00 PM
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Quit being so cheap - pay for the fucking swimming and art classes. You should quit reproducing if these are such a big deal for you.
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Old 07-02-2012, 03:04 AM
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Quote:
Originally Posted by arabian View Post
Quit being so cheap - pay for the fucking swimming and art classes. You should quit reproducing if these are such a big deal for you.
Cheap? He already paid for the fucking classes with CS. He is not cheap, he provides for his kids according to the child support guidelines.

Do you have entitlement issues arabian?
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Old 07-02-2012, 09:43 AM
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How often do you have the other kids? More or less than 40%
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Old 07-19-2012, 01:31 PM
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I have them every 2nd weekend and then 2 evenings each week
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Old 07-19-2012, 01:38 PM
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I just got a copy of her tax package. She received 1200$ last year in Child Care Subsidy, and the total child care claimed was 1250$.
I paid her $625 for child care, but now I see the government also paid her 1200$ for child care. Now I think I should have only owed half the difference (25$). Is that true? Did I over pay by $600 for child support?
If the Child Care Subsidy covers the child care costs, does the noncustodial parent still need to pay for half of the costs?
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Old 07-19-2012, 01:51 PM
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You pay a portion of the cost AFTER the tax credits/deductions are made. So if the total costs were $650 and she recieved a $600 credit, the remaining balance would be $50, split proportionate to income.
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