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.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 08-27-2015, 07:03 PM
Maggie82's Avatar
Senior Member
 
Join Date: Oct 2008
Location: Toronto
Posts: 183
Maggie82 is on a distinguished road
Default School Uniform - Special & Extraordinary Expense?

Do any of you know whether school uniforms (for a Catholic school, not private) are considered special and extraordinary expenses... or are they considered part of the clothing expense in child support?

Any clarification and legal links would be great. Thanks in advance.
Reply With Quote
  #2 (permalink)  
Old 08-27-2015, 07:55 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,960
arabian will become famous soon enough
Default

Go to CanLii

Ontario
Superior Court of Ontario

In search bar type in: school uniforms child support

There are many cases to look at.
Reply With Quote
  #3 (permalink)  
Old 08-27-2015, 08:13 PM
Maggie82's Avatar
Senior Member
 
Join Date: Oct 2008
Location: Toronto
Posts: 183
Maggie82 is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
Go to CanLii

Ontario
Superior Court of Ontario

In search bar type in: school uniforms child support

There are many cases to look at.
Did that. The cases seem divided. Some judges believe school uniforms are considered clothing covered under child support while other judges deem school uniforms could fall under S.7(1)(d) and be considered special and extraordinary.
I was hoping to find something more concrete.

Any ideas?
Reply With Quote
  #4 (permalink)  
Old 08-27-2015, 09:36 PM
Senior Member
 
Join Date: Oct 2012
Posts: 1,144
SadAndTired is on a distinguished road
Default

I am not sure what would be more concrete than Canlii cases, but my ex and I consider them section 7. Because they are required for Catholic school and cannot really be worn other places, they are section 7. We share collared shirts, jeans and blue pants and jumpers. Anything with the school logo obviously.

Send your ex links to Canlii cases where it was decided that they were Section 7 and try to keep the costs low by shopping Old Navy, etc.
Reply With Quote
  #5 (permalink)  
Old 08-27-2015, 11:01 PM
Maggie82's Avatar
Senior Member
 
Join Date: Oct 2008
Location: Toronto
Posts: 183
Maggie82 is on a distinguished road
Default

It always comes down to interpretation and what constitutes "reasonableness" and "extraordinary." Every case is different. Which makes handling Section 7 expenses so daunting.

Gotta pick your battles.

In this case, we will consider school uniform an S7 expense.
Reply With Quote
  #6 (permalink)  
Old 08-27-2015, 11:04 PM
Senior Member
 
Join Date: May 2009
Posts: 2,474
dinkyface will become famous soon enough
Default

Income often affects whether something is considered S7. A $500 expense may be considered 'extraordinary' if you have low income, but not if you have a higher income i.e. where CS levels are high enough to cover such an expense.
Reply With Quote
  #7 (permalink)  
Old 08-27-2015, 11:05 PM
Maggie82's Avatar
Senior Member
 
Join Date: Oct 2008
Location: Toronto
Posts: 183
Maggie82 is on a distinguished road
Default

Quote:
Originally Posted by SadAndTired View Post
I am not sure what would be more concrete than Canlii cases, but my ex and I consider them section 7. Because they are required for Catholic school and cannot really be worn other places, they are section 7. We share collared shirts, jeans and blue pants and jumpers. Anything with the school logo obviously.

Send your ex links to Canlii cases where it was decided that they were Section 7 and try to keep the costs low by shopping Old Navy, etc.
Some cases I read were ordered similarly. Others claimed that because the parents will be saving money on back to school outfits, uniforms were considered an expense that could reasonably be covered by child support. It was interesting to see the different interpretations by different judges. Which sadly does not help clarify whether in the rules of family law, school uniforms are or are not conifers special and extraordinary. Not unlike most family law related things, right? ;-)
Reply With Quote
  #8 (permalink)  
Old 08-27-2015, 11:08 PM
Maggie82's Avatar
Senior Member
 
Join Date: Oct 2008
Location: Toronto
Posts: 183
Maggie82 is on a distinguished road
Default

Quote:
Originally Posted by dinkyface View Post
Income often affects whether something is considered S7. A $500 expense may be considered 'extraordinary' if you have low income, but not if you have a higher income i.e. where CS levels are high enough to cover such an expense.
Yes. That seemed to be a guiding factor in the cases I read. The question is.. where's the threshhd? What is considered low and high? If both parents make $40k, would a $500 expense be reasonably covered by child support? Depends who you ask... the payor or the recipient. ;-)
Reply With Quote
  #9 (permalink)  
Old 08-27-2015, 11:51 PM
Senior Member
 
Join Date: Oct 2012
Posts: 1,144
SadAndTired is on a distinguished road
Default

Quote:
Originally Posted by Maggie82 View Post
It always comes down to interpretation and what constitutes "reasonableness" and "extraordinary." Every case is different. Which makes handling Section 7 expenses so daunting.

Gotta pick your battles.

In this case, we will consider school uniform an S7 expense.
Perhaps. Ex makes 6 figures. My child support would be considered substantial. My point is that school uniforms are a "special" expense. Public school children do not require them and you still need to purchase normal fall clothing.

Because they are required for school (not optional like school supplies), ex's lawyer told him to pay up. We didn't even have to argue. Ex called his lawyer and she told him that he had to pay.

I know this because ex forwarded his lawyer's email to me with some other information included.
Reply With Quote
  #10 (permalink)  
Old 08-28-2015, 12:11 AM
Maggie82's Avatar
Senior Member
 
Join Date: Oct 2008
Location: Toronto
Posts: 183
Maggie82 is on a distinguished road
Default

Quote:
Originally Posted by SadAndTired View Post
Perhaps. Ex makes 6 figures. My child support would be considered substantial. My point is that school uniforms are a "special" expense. Public school children do not require them and you still need to purchase normal fall clothing.

Because they are required for school (not optional like school supplies), ex's lawyer told him to pay up. We didn't even have to argue. Ex called his lawyer and she told him that he had to pay.

I know this because ex forwarded his lawyer's email to me with some other information included.
Thanks for sharing SadAndTired. We figured it was an S7 expense. Didn't really have an issue with that. But we are dealing with someone who thinks that everything under the sun is an S7 expense (e.g., multivitamins, school supplies, bathing suit for camp, etc.) so we need to always double check.
Reply With Quote
Reply


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
Eyeglasses - Extraordinary or Special Expense? #1StepMom Financial Issues 22 08-29-2013 02:46 PM
extra curricular fee's lets_be_fair Financial Issues 2 04-03-2013 02:19 PM
private school, is it special expense frustrated11 Divorce & Family Law 8 12-30-2009 11:50 PM
case law help - private school not a special expense frustrated11 Divorce & Family Law 1 11-24-2009 10:49 PM
School Supplies and fundraising an extraordinary expense? melee Financial Issues 2 11-24-2009 05:03 PM


All times are GMT -4. The time now is 10:22 PM.