The ex is back hammering at one of his favourite topics.
Back in 2012, I had two business trips which overlapped with nights I was supposed to have D8. I asked the ex if he could take her, he agreed. I asked if he wanted me to take her for extra nights to compensate him; he said he'd think about it, but never got back to me with dates. It all seemed straightforward.
Now he is a bit fixated on those extra nights. He wants me to pay him 1/30 of the table amount for my income for each night D8 spent with him last year. I've pointed out that our divorce order says that S3 child support is offset, in accordance with S9, and that's it. (I should point out that the number of extra nights he took D8 came nowhere close to breaking the magical 40/60 barrier). He has the right to say no if he doesn't want those "extra" nights, but they are not a fee-for-service proposition.
He keeps coming back and coming back with emails about with this, with different arguments. His latest claim is that the practice of paying a proportion of table support for "extra" nights is so widely established that it doesn't need to be spelled out - it's just assumed - so he didn't need to ask me explicltly if I would pay him extra at the time I proposed the nights. (This is mixed in with a lot of patronizing talk about how I am "cheating our child out of her right to equal support from her parents" and that he is "only looking our child's best interests").
I have never encountered anyone else who operates under the presumption that off-cycle nights are compensated this way, but maybe I'm wrong. Is there in fact such a presumption? (I should add that I've changed my schedule to accommodate him when things have come up such that he couldn't take her on one of his nights, and don't expect to be paid for that. I have also learned my lesson and will never ask the ex to take D8 for an extra night again).
Back in 2012, I had two business trips which overlapped with nights I was supposed to have D8. I asked the ex if he could take her, he agreed. I asked if he wanted me to take her for extra nights to compensate him; he said he'd think about it, but never got back to me with dates. It all seemed straightforward.
Now he is a bit fixated on those extra nights. He wants me to pay him 1/30 of the table amount for my income for each night D8 spent with him last year. I've pointed out that our divorce order says that S3 child support is offset, in accordance with S9, and that's it. (I should point out that the number of extra nights he took D8 came nowhere close to breaking the magical 40/60 barrier). He has the right to say no if he doesn't want those "extra" nights, but they are not a fee-for-service proposition.
He keeps coming back and coming back with emails about with this, with different arguments. His latest claim is that the practice of paying a proportion of table support for "extra" nights is so widely established that it doesn't need to be spelled out - it's just assumed - so he didn't need to ask me explicltly if I would pay him extra at the time I proposed the nights. (This is mixed in with a lot of patronizing talk about how I am "cheating our child out of her right to equal support from her parents" and that he is "only looking our child's best interests").
I have never encountered anyone else who operates under the presumption that off-cycle nights are compensated this way, but maybe I'm wrong. Is there in fact such a presumption? (I should add that I've changed my schedule to accommodate him when things have come up such that he couldn't take her on one of his nights, and don't expect to be paid for that. I have also learned my lesson and will never ask the ex to take D8 for an extra night again).
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