Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

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

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 01-15-2009, 04:50 PM
Senior Member
 
Join Date: Oct 2008
Location: Toronto
Posts: 885
#1StepMom is on a distinguished road
Default Passport Application - Interpretation Needed

We are currently arguing with my stepson's mom about who is required to pay the costs associated with the child's passport application. The bio-mom is intending to travel with the child to Disney World in a couple months and requires a passport for him.

Our court order reads: If either party requires a travel consent for the child to travel with him/her outside of Canada, the other party shall agree to sign whatever document is necessary to accommodate this request, with all costs involved for the preparation of such documents to be paid by the party making the request for same.

My husband and I understand this as her having to pay all the costs for the passport (including passport pictures, etc.) as she is the one that intends to travel with the child outside of the country.

However, she is interpreting this as the costs having to be split. How she is managing to interpret this clause in that way, I do not know. She even threatened to never provide us access to the child's passport if she is to cover all the costs. She stated that this clause "is a matter of interpretation" and that she will be asking her lawyer for clarification.

How would you interpret this clause?

Also, how have you dealt with this particular expense?
  #2 (permalink)  
Old 01-15-2009, 06:05 PM
Member
 
Join Date: Nov 2008
Posts: 86
yearsgone is on a distinguished road
Default

The drama never ends with her does it? Obviously they mean that since she is the one applying for the passport, then she is the one who pays for it. I'm glad I'm not her lawyer.I've never had to deal with this situation thankfully.
  #3 (permalink)  
Old 01-15-2009, 06:30 PM
Senior Member
 
Join Date: Dec 2007
Posts: 170
Suchislife is on a distinguished road
Default

You're right. It's her trip. She needs the passport. Hopefully her lawyer will clarify it for $100 making the passport cost even more!
As far as her not providing it to you in future ~~ looks like you won't need it for vacation any time soon!!
We had a situation where my partner's signature was needed but as the court order only stated that each parent was entitled to take the children out of the country and the other parent would provide whatever documents were needed to facilitate the trip, the cost was covered by my partners Ex and amazingly he didn't get asked for any $.
  #4 (permalink)  
Old 01-15-2009, 06:59 PM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,201
standing on the sidelines is on a distinguished road
Default

well theway i read it she is wanting to take the trip so she pays. Is there any chance that you will be wanting to take the child out of the country before the passport runs out.? If so then maybe you could offer to pay for half. I think she is thinking that she will fork the money out and then you guys get the benefit of the passport later.
  #5 (permalink)  
Old 01-15-2009, 07:40 PM
Senior Member
 
Join Date: Oct 2008
Location: Toronto
Posts: 885
#1StepMom is on a distinguished road
Default

Well, we don't intend on taking the child for a vacation any time soon. We're very tight on money right now and we can't afford this additional expense. The bio-mom is already asking for over $300 in expenses she recently incurred (half of which she didn't inform us about in advance yet is expecting us to pay) on top of absurd amount of child support which is currently more than double that what my husband should be paying. But, courts move slow and FRO even slower!

If we were in a better financial situation, we would offer to pay half, but we're not. And since the court order reads as it does, I don't see why we should be forced to pay half (and we all know that her lawyer will try to force this on us).

What I'm having a hard time understanding is this...

She claims that she is in a rough financial situation, just like us, even complaining how she needs a new car because hers is no longer reliable. She claims that she needs every penny she can get in terms of child support and special/extraordinary expenses, and that she needs it as soon as possible. Yet, she is planning a trip to Disney World in March, has just returned from a trip oversees herself, and is willing to pay $300+ per hour for her lawyer to explain things to her and represent her in court to fight for a couple of hundreds of dollars in child support. Can someone please explain this to me?
  #6 (permalink)  
Old 01-15-2009, 08:02 PM
Senior Member
 
Join Date: Dec 2007
Posts: 170
Suchislife is on a distinguished road
Default

#1 Step-Mom,

Stick to your guns. If you have quoted your court order verbatim it clearly states that it's her responsibility to pay for the passport.
If in future you have the luxury of a vacation and need the passport you can jump off that bridge when you come to it!!

As far as the expenses go do you have any recourse as far as refusing to pay for the costs of which you were not informed??
Or could you state in a letter your willingness to pay them ASAP and include post-dated cheques or something? Might work towards showing your willingness and attempts to pay while still not paying immediately.

Everything you have mentioned mimics my own situation.
  #7 (permalink)  
Old 01-15-2009, 08:15 PM
Senior Member
 
Join Date: Oct 2008
Location: Toronto
Posts: 885
#1StepMom is on a distinguished road
Default

Quote:
Originally Posted by Suchislife View Post
#1 Step-Mom, Stick to your guns. If you have quoted your court order verbatim it clearly states that it's her responsibility to pay for the passport. If in future you have the luxury of a vacation and need the passport you can jump off that bridge when you come to it!!
Yes, that is the order verbatim! I just can't understand how she's managing to "interpret" it differently. But then again, this is not surprising in the least. She isn't the brightest crayon in the box (I'm not being mean, just stating a fact based on the past 6 years of dealing with her) and we deal with such ludicricies on a regular basis. As for needing the passport in the future, I guess we could cross that bridge when we get there. After all, we won't be getting there for a loooong while!

Quote:
Originally Posted by Suchislife View Post
As far as the expenses go do you have any recourse as far as refusing to pay for the costs of which you were not informed??
She claims the we were informed when she sent an email saying the child "needs glasses" and indicating that she was going to "shop around." She never actually indicated this would be a shared expense. However, she now says that eyeglasses are a special expense and that it's "common knowledge" as as the child's father, my husband must provide his share. Unfortunately there is no recourse. The court order states that special and extraordinary expenses (aside from child care) will be shared from time to time as mutually agreed to by the parties, or as the court shall order in the future.

Quote:
Originally Posted by Suchislife View Post
Or could you state in a letter your willingness to pay them ASAP and include post-dated cheques or something? Might work towards showing your willingness and attempts to pay while still not paying immediately.
It never occured to me to provide a post-dated cheque! Wow! Thanks for the idea! I'm just a little hesitant because it will cause her to fly off her you know what! But my husband will love the idea, I just know it!

Quote:
Originally Posted by Suchislife View Post
Everything you have mentioned mimics my own situation.
I'm so sorry. But I'm relieved that I'm not the only one in this boat! ;-)
  #8 (permalink)  
Old 01-15-2009, 09:39 PM
Kimberley's Avatar
Senior Member
 
Join Date: Feb 2008
Location: Ottawa
Posts: 477
Kimberley is on a distinguished road
Default

Quote:
Originally Posted by #1StepMom
It never occured to me to provide a post-dated cheque! Wow! Thanks for the idea! I'm just a little hesitant because it will cause her to fly off her you know what! But my husband will love the idea, I just know it!
Post-dated cheques can be iffy at times, and even an outright headache. Please be aware that there are times that a bank will cash them through before the date if they are not paying close attention - I have experienced this, and the process to get the issue fixed is another headache compounded by the fact that it has screwed everything you budgeted for in the first place. See this link:
FCAC - For Consumers - Banking and Insurance - Cheques
  #9 (permalink)  
Old 01-15-2009, 10:04 PM
sufferer's Avatar
Senior Member
 
Join Date: Nov 2006
Posts: 336
sufferer is on a distinguished road
Default

I just received a passport for my 4 yr old and I paid for everything (photos and fees).It is not a special expense and with the court order its clear that she will pay for it.If she can afford a vacation she can afford another $50 (thats all it costs 15-for the photos and $35 --for the fees
  #10 (permalink)  
Old 01-16-2009, 06:44 AM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,201
standing on the sidelines is on a distinguished road
Default

Quote:
Originally Posted by #1StepMom View Post
What I'm having a hard time understanding is this...

She claims that she is in a rough financial situation, just like us, even complaining how she needs a new car because hers is no longer reliable. She claims that she needs every penny she can get in terms of child support and special/extraordinary expenses, and that she needs it as soon as possible. Yet, she is planning a trip to Disney World in March, has just returned from a trip oversees herself, and is willing to pay $300+ per hour for her lawyer to explain things to her and represent her in court to fight for a couple of hundreds of dollars in child support. Can someone please explain this to me?

I have a friend like that. She always cries poverty but she smokes, has a cell phone, two computers, shops at places I cannot afford, is living in a house they had build 5 years ago and they are going on a two week cruise in Feb.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Advice very much needed (long post, sorry) Kimberley Divorce & Family Law 9 02-06-2008 02:57 PM
I made Interim Application dvr Financial Issues 5 03-16-2007 04:38 PM
Interpretation needed... Duped Divorce & Family Law 1 12-28-2006 08:58 AM
Interlocutory Application: How do I respond? scratched out Divorce & Family Law 1 03-05-2006 01:00 PM


All times are GMT -4. The time now is 11:31 PM.