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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 07-02-2017, 06:59 AM
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Default Section 7, pre-approved?

These are some relevant dates:
Feb 28 - uncontested trial/court order provided
Mid-march - diagnosed/referral given for surgeon for hernia
June 2 - motion submitted for review in chambers to ask permission to submit a request child support to be reviewed to include one time section 7 expenses for surgery
June 14 - 1st appointment with surgeon, ordered additional ultrasound
June 29 - Surgeon called with results from ultrasound, Aug 1 surgery date, emailed me doctor's note for child care support from Aug 1 to Sept 15 stating "post recovery will require her to not do any lifting, bending, twisting, pushing, pulling, stretching or climbing for six weeks. She also requires child support for six weeks to allow her to heal."
June 30 - I go to the court house, no response on my motion from June 2 yet

On June 2, I tried to submit a motion to request the child support to include one time section 7 expenses for my surgery based off my family doctor's note (NOT the surgeons quoted above). The court clerk refused to submit my documents. She said, since it is less than six months from my court order, I need to ask permission from the court to submit this. So I revised my court documents, stated I need this surgery and asked permission to bring forward another motion including the details of surgery/requirements, etc.

I have not had a response to this motion yet. Normally, my local court house has a two week turn around time for motions reviewed in chambers.

I have an estimate of what the expenses will be. Daycare will be $850 for six weeks as I am subsidized so it is a lower cost. Fees for overnight childcare following my surgery is $200. Surgeon only anticipates two nights stay in hospital. I anticipate only needing help with child care, after daycare for four hours a night for two weeks, as if she is in daycare I can rest and not move during the day. I estimate that to be $1320 as I included two weekends. Total $2370

My question, if I am approved by the court to submit these expenses, do I go to court ahead of time and ask for an amount up to $X with submission of receipts after expense incurred?
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Old 07-02-2017, 07:01 AM
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The other thing, my respondent is in contempt as of yesterday. He had not submitted his financials by June 30 as our court order states or obtained life insurance. He has had a change in income, that I know. He stated to me specifically in an email he will not be getting life insurance as he does not plan on dying and the court can't make him.

So my section 7 expenses will need to be enforced via Fro due to his attitude.
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Old 07-02-2017, 07:58 AM
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So you save your receipts and submit after you have recovered and have an accurate record (not guestimate). I've never heard of anyone obtaining these sorts of "pre-approved" expenses in Family Court. Your surgery may not take as long to recover from or it may take a longer time to recover. You may have friends who end up helping you thus reducing your daycare costs.

Yes IMO you should go through FRO.
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Old 07-02-2017, 09:07 AM
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Are you already registered with FRO? I sure hope so because if not it could take up to 6 months for you to see any CS, let alone these additional costs. I'm not sure the court is going to grant these expenses before the fact. For the reasons Arabian stated above. Usually prepaid expenses are only done when there is a known history amount, such as sports or child care always being the same.

I would keep all receipts and submit when you no longer require the assistance. And if you're not already with FRO start that process asap.

I am curious why your order didn't include anything about S7 expenses?


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Old 07-02-2017, 11:05 AM
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Quote:
Originally Posted by Bellbaby View Post
He stated to me specifically in an email he will not be getting life insurance as he does not plan on dying and the court can't make him.
I feel like I read somewhere that while courts can order somebody to maintain life insurance, and can designate a beneficiary, they cannot order somebody to get life insurance if they do not already have it.

This is me talking out of my ass, I'll look it up later. Anyone know for sure if I am wrong?
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Old 07-02-2017, 11:10 AM
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I actually think your right Janus.

I figure I'm not even bothering with it, life insurance. The judge put that in herself and it's irrelevant. By the time that comes he may not even be paying child support.
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Old 07-02-2017, 11:15 AM
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Yes, my daughter was only 6 months old at the time of the order. So I didn't expect section 7 expenses. I was going to arrange my work schedule so I could work from home, therefore avoid daycare, etc. So it wasn't even on my radar.

Thank you Arabian. I was trying to be as up front and honest with the court as possible. If it was for an extracurricular activity or regular work related child care, I thought the expense would need to be somewhat pre-approved.

But for medical, I didn't know if the courts had a historical view on it or as much (pre-approved) notice as possible. It was difficult to find info on, for medical.
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Old 07-02-2017, 11:33 AM
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Quote:
Originally Posted by Bellbaby View Post
Yes, my daughter was only 6 months old at the time of the order. So I didn't expect section 7 expenses. I was going to arrange my work schedule so I could work from home, therefore avoid daycare, etc. So it wasn't even on my radar.

Thank you Arabian. I was trying to be as up front and honest with the court as possible. If it was for an extracurricular activity or regular work related child care, I thought the expense would need to be somewhat pre-approved.

But for medical, I didn't know if the courts had a historical view on it or as much (pre-approved) notice as possible. It was difficult to find info on, for medical.


S7 is like CS, it is ordered regardless usually. Reasoning is for circumstances like this... had you had S7 in your court order from the start you wouldn't be in this position. While I understand you didn't anticipate S7 expenses right now, 5 years down the road there may have been expenses and now you have to head back to court to get them ordered. If/when you are in court again spell out all S7 expenses... including post secondary... you won't need this for 18 years but why not have it in there? My husbands agreement was made almost 7 years ago when the kids were still really young and it included all this.


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