Baseball Section 7?

[Berner_Faith]

I know there have been many topics related to this and there always seems to be different answers...

The SA states that

"In addition to the Guidline amount of CS, the Husband shall pay to the wife for special and extraordinary expenses, as defined in the Child Support Guidelines, one third of the total costs of such special and extraordinary expenses such as, but not limited to, health costs, dental costs and day care costs relating to the children. Such payments shall be made by the Husband to the wife on receipt of a receipt showing the payment for the special or extraordinary expense by the wife"

Bf receives an email from his ex tonight stating she will be signing the children up for baseball this weekend for the summer months... the cost for the son is $120, the daughter is $50....

His annual income was imputed at $22, 757 (he had major job changes since the separation and they agreed to use the hourly wage, based on a 40 hr work week until this July), her income is $47,896...he pays $344 a month in CS...

It is my understanding that anything that does not exceed $100 a month is covered under CS, anything over $100/month is considered extraordinary... his portion of the costs would be roughly $57... this is not the issue, the issue is her attempting to seek reimbursement for everything...

Is this something he should just bite and pay...or should he be setting a presidency and telling her that these amounts are covered under his regular CS payments...

The kids were too young to play when they first separated so they never agreed to this while they were together... however, he actively plays baseball and would like to children to play, but doesn't want to have to pay twice for something that is already covered.

[beebie]

What is reasonable for s.7 expenses does depend on the income of the parties and his income is low so he might object. Not likely to succeed in my opinion especially if your household has 2 incomes and hers has only one.

Never heard of that $100 rule but it might be so in your province.

How is asking for help for one extracurricular sport "asking for reimbursement for everything"?

[Berner_Faith]

Her household also has two incomes because of her new partner... even saying that...her income alone is more than his and mine put together. I am freshly out of post secondary and currently work for a seasonal company.

The $100 thing has been something I have read on this board more than once.

It is not just this baseball thing she has been trying to get reimbursement for. I didn't feel I had to list everything she has asked about but to list a few
-$35 snow suit for the kids...is this not part of clothing which CS is for?

-Wii... she bought this for the kids for her place (we have one at ours) and feels he should be responsible for paying for half of it because they enjoy it

-New clothes for Church... this is something she takes the kids to...he and I are not Chruch goers and he never was during their marriage... however I personally think Church is a great thing for kids (went myself when I was a child) but again...clothes should be covered under regular CS

-$15 school trip to the museum... his portion would be $5...not a big deal, but again seems like nickle and diming.

I guess our main concern is that as a CP, she is responsible for using the CS for everyday things for the kids...whether that happens, we realize it is out of our control, as the kids have a place to live, food on the table and clothes on their back and that is all that matters.

We would never let her seeking reimbursement stop the kids from playing their sports or taking part in certain events, but we are well aware she will not reimburse us for the summer activities we place the kids in when they are with us for 4 weeks each summer.

[Toutou]

I would not think that it is extraordinary extracurricular expense, so it should be already included in child support.

[HammerDad]

I would not think that it is extraordinary extracurricular expense, so it should be already included in child support.

IMO, the amounts are not extra-ordinary based on her income and the amount of c/s paid, thus would be included in the c/s payment.

[Berner_Faith]

Thank you Hammerhead and TouTou... this was our thought also, but she likes to initiate lawyer action if he doesn't agree with everything she says... We will be buying the equipment they need to play, with no contribution from her...fair trade off we think

[HammerDad]

The $100 thing has been something I have read on this board more than once.

There is no $100 limit. It is a test based on the amount of cs paid and the other parents income.

-$35 snow suit for the kids...is this not part of clothing which CS is for?

This is 100% c/s.

-Wii... she bought this for the kids for her place (we have one at ours) and feels he should be responsible for paying for half of it because they enjoy it

This a purchase solely for the entertainment of her house and not in any way, shape or form, a section 7 expense.

-New clothes for Church... this is something she takes the kids to...he and I are not Chruch goers and he never was during their marriage... however I personally think Church is a great thing for kids (went myself when I was a child) but again...clothes should be covered under regular CS

Again, clothes are covered under c/s.

-$15 school trip to the museum... his portion would be $5...not a big deal, but again seems like nickle and diming.

If this was a school trip I would argue that is covered in c/s due to the fact that it is just so nominal, thus not "extra-ordinary". Mind you, I'd probably pay it because $5 to avoid the hassles and hear from the kid that mom says I don't contribute blah, blah....

If the trip was mom taking them to the museum, that is not s7 in any way shape or form. That is mom deciding to take a day trip for her and the kids entertainment.

When she starts asking for monies to cover these items, I would simply start replying to her stating that "While I understand the children enjoy playing the Wii, it was not a necessary expense. Your decision to purchase this as a form of entertainment for the children is, in no way, an extra-ordinary expense as contemplated under the Family Law Act and as such, I am declining to contribute to its purchase."

[billm]

There is no $100 limit. It is a test based on the amount of cs paid and the other parents income.



This is 100% c/s.



This a purchase solely for the entertainment of her house and not in any way, shape or form, a section 7 expense.



Again, clothes are covered under c/s.



If this was a school trip I would argue that is covered in c/s due to the fact that it is just so nominal, thus not "extra-ordinary". Mind you, I'd probably pay it because $5 to avoid the hassles and hear from the kid that mom says I don't contribute blah, blah....

If the trip was mom taking them to the museum, that is not s7 in any way shape or form. That is mom deciding to take a day trip for her and the kids entertainment.

When she starts asking for monies to cover these items, I would simply start replying to her stating that "While I understand the children enjoy playing the Wii, it was not a necessary expense. Your decision to purchase this as a form of entertainment for the children is, in no way, an extra-ordinary expense as contemplated under the Family Law Act and as such, I am declining to contribute to its purchase."

Completely agree with HD on all this. She has no clue about Section 7!

Regarding baseball though, you have to look at the COMBINED incomes to see if this is an extraordinary expense, not just his. So with a combined income of 71K per year, it is reasonable that $170 for sports is NOT extraordinary. If they did a lot of things at a low cost - swimming, dance, etc, then adding them up would cross the line and at that point some contribution from him (IF he agrees to the extraordinary spending) would be reasonable.

I would not give her anything that is not justified just to appease her - I suspect that she will never be satisfied, so why attempt it, and it will encourage her to continue to ask for money for things that should be covered by CS.

[Berner_Faith]

Billm...thank you...I never thought of the whole combined income thing. I agree that she doesn't know what to classify as a section 7.

Like I mentioned, we would never stop the kids from taking part in anything because she wants paid for it. But again, we can't afford to always double pay everything. You are right, she will never be satisfied...can you believe their son lost his first tooth today, called to tell his Dad and then Mom got on the phone and said she was leaving $10 under his pillow and he could give her the $5 next weekend...like seriously?