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-   -   Section 7 in a shared custody (http://www.ottawadivorce.com/forum/f5/section-7-shared-custody-21289/)

anonymous 08-25-2017 02:44 PM

Section 7 in a shared custody
 
I have searched the forum for a similar case and couldn't find anything.

I have 50-50 custody of my D9. I pay off-set child support of $1,140/month. My portion of Section 7 is 63%. I have read the guidelines and understand the "means and needs" etc.... But I would like an opinion on my situation as the law is very grey and it depends on the situation. Our separation agreement does not list any particulars with respect to Section 7 because our daughter was only 5 at the time.

My ex gives me "bills" for the following:
1 - school pizza days and milk orders
2- recreational gymnastics ($300/4 month session)
3 - skiing lessons ($230/8 week session)
4 - recreational dance (approx $800/10 month session... including costume)
5 - running shoes for "track", soccer, & gym ($200)
6 - summer soccer ($250)

What I listed above equals $1,780 for the year (Child support = $13,680/year) Are any of these actually Section 7 or should they be coming out my off-set support payment?

rockscan 08-25-2017 03:30 PM

The pizza days are not section 7.

Did she get permission for the activities or is she just enrolling kid at her leisure?

anonymous 08-25-2017 03:51 PM

I definitely didn't disagree. I feel that D9 should be part of some recreational activities. I take her to them (even on ex's days when she's "too tired").

rockscan 08-25-2017 03:54 PM

Based on your offset cs Im going to go with you making six figures. What types of activities was kid registered in prior to divorce. That would be considered. However, that doesnt mean she gets to just sign kid up for everything.

In this case you may need to pay it for this year but attempt the "we should agree on activities as you are struggling to get kid there on your days..." type of thing.

Did she give you actual receipts or just a written up bill?

You have to ask yourself if this is worth at minimum $5000 and the turmoil of court.

anonymous 08-25-2017 04:43 PM

Thanks Rockscan,

My Income - $205k
Her Income - $130k + $13,680 CS

Prior to separation, our daughter was only 5. She was in swimming and gymnastics. I am absolutely not disagreeing to the activities. Throughout the year she is in one activity at a time with a little bit of overlap with dance. The fact that I sometimes take her on my ex's days actually doesn't bother me. It means we get even more that 50% time together.

She does provide me with copies of the receipts. There is no question about the amount.

The reason I am writing now is because D9 is not currently signed up for anything. Activities start when school starts. I figured this is the time to correct it. I have come out of a 4-year period of completely overpaying for things and she still comes back with wanting more. I don't want to deprive my daughter of anything, however, I am tired of being taken advantage of.

With respect to court, she won't go there... she can't afford it. At her salary,
coming out of the marriage with $200k in cash, only 4 years later, she is well over $30k in debt (that I know of) with nothing to show for it.

I just want to be fair and follow the law. Just because "I can afford it" shouldn't be the issue. I am saving for all of her future education costs because I know her mom won't have the money, even though our agreement says she has to pay her portion of post-secondary. Do I pay for things now that I shouldn't and then take ex to court for education costs? OR do I say no now and apply that money to her education fund?

rockscan 08-25-2017 07:50 PM

It may be hard to change it now. Although shes getting older and will have more of a school load so you may want to cut down on activities so she can focus on her grades. The amounts are over the course of the year so they could be considered within child support but you've set a status quo. It may be hard to argue it several years later.

I would start with the shoes and pizza/milk money as cs covered and go from there. Otherwise you could just pay for one or two activities fully yourself.

Im not a lawyer but I have a feeling one would say its not worth fighting nor is it worth splitting hairs over.

Berner_Faith 08-25-2017 09:45 PM

Quote:

Originally Posted by anonymous (Post 223074)
I have searched the forum for a similar case and couldn't find anything.



I have 50-50 custody of my D9. I pay off-set child support of $1,140/month. My portion of Section 7 is 63%. I have read the guidelines and understand the "means and needs" etc.... But I would like an opinion on my situation as the law is very grey and it depends on the situation. Our separation agreement does not list any particulars with respect to Section 7 because our daughter was only 5 at the time.



My ex gives me "bills" for the following:

1 - school pizza days and milk orders

2- recreational gymnastics ($300/4 month session)

3 - skiing lessons ($230/8 week session)

4 - recreational dance (approx $800/10 month session... including costume)

5 - running shoes for "track", soccer, & gym ($200)

6 - summer soccer ($250)



What I listed above equals $1,780 for the year (Child support = $13,680/year) Are any of these actually Section 7 or should they be coming out my off-set support payment?



While I would be inclined to say they should be included in CS, the fact you have 50-50 leads me to believe they should be split. If you paid full CS then you would have a better argument for it being included. In your case the households are intended to be equal, this the offset CS. S7 is a grey area but even more so when 50-50 comes into play. If anything I would suggest that due to the 50-50 arrangement that these items are split 50-50 because they are not extraordinary given the income level of both parents and CS being paid


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Beachnana 08-26-2017 07:34 PM

Why don't you just enter into the conversation " what are signing we D9 up for this year and agree to pay 63% and move on. In the scheme of things it's your only daughter and it's not,like either of you are low income. I know families who struggle on far less and pay for a couple of kids to do just as much.

Dads should love the joy of taking their daughters out for new dance shoes or figure skates. And this winter taking her out to skate on a local pond.

I know many do. Ask LF32. I think you are just angry at your ex and so pickings on things to be cheap about.

Tayken 08-28-2017 12:24 PM

With those incomes, a Judge would throw you both out of the court room. They do not qualify as S7 at all! Figure it out yourselves. You are way past the point of debating $200.

anonymous 08-28-2017 02:22 PM

Quote:

Originally Posted by Tayken (Post 223122)
They do not qualify as S7 at all!

I understand that you are rolling your eyes over the question due to the incomes we make. As I stated before, I just want to be fair and follow the law. The list I gave was just a tip of the iceburg. I left out the constant hand-outs my ex asks for with respect to:
- $10 for school trips
- $8 for birthday party gifts
- $4 a classroom project
- excursions while on vacation with her
- the list truly goes on and on.....no amount is too small for her to ask

It is never-ending. I need to take a stand. For the last 4 years I have done what the other posts have said, "just pay it and get on with your lives". At what point is enough enough? I have at least 10 more years of this.

I am going to say no. If she wants to take me to court, she can. I hope the judge does throw us out.


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