Update on Motion - S7 expenses awarded

[MS Mom]

Just wanted to provide everyone an update on my motion that I filed a year ago...with the help of everyone here. Some notables that may help others in the future:

Exchange rates for foreign income was determined to be the average Bank of Canada rate for the year in question. So, his 2013 income was converted at 1.0299 - which is the average of the US to CAD exchange rate for 2013.

S7 expenses - day camps were allowed (in arrears) with the exception of the higher priced equestrian day camps that she participated in for two summers. The reasoning was that they were sport based in nature and the respondent objected to paying for them. I didn't make any request for daycare costs in arrears or future, so I can't help in that area.

S7 Medical - were allowed at proportionate rate. FRO had refused to collect as the respondent objected using the "written consent" clause in the agreement. The judge didn't buy the argument and it was awarded in arrears.

S7 Orthodontics - the respondent is to pay his proportionate share in monthly payments. The order doesn't follow the actual payment patters to the orthodontist, but his request to pay the orthodontist directly was not allowed as the contract is between me and the orthodontist.

S7 Sports - arrears for this was not awarded due to the "provide notice/consent" clause in our agreement. However, the judge used my motion as "notification of an ongoing request for relief" and determined it was unreasonable for him to withhold consent based on the benefits the sport has for the child and the incomes of the parties. He was ordered to pay a monthly amount towards the sport, with receipts to be provided by me to him quarterly.

So, all in all - I believe I was pretty successful. Thanks everyone.

[Janibel]

Congrats! Sounds like you have done well in the end! It's never everything we want .... though every little victory helps.

[MS Mom]

Congrats! Sounds like you have done well in the end! It's never everything we want .... though every little victory helps.

The order on a dollar scale is very close to my offers to settle. I'm very happy with the outcome. No complaints at all.

[DowntroddenDad]

Congrats, glad it worked out for you.

[Serene]

So will you be seeking costs?

[MS Mom]

So will you be seeking costs?

Absolutely. The order invites costs submissions within 15 days. I was just looking into the procedure to follow to submit this submission for costs.

Out of pocket costs are pretty minimal - a process server, a few couriers and some photocopying and incidentals like parking. But, I did use up nearly two weeks vacation time all told.

I want to put the costs submission in on Monday - any suggestions on where to gather the required rigamorole paperwork?

[arabian]

IF this has been an ongoing matter which took a year can you not request costs dating back to the start of the original application(s) or were costs already addressed?

My lawyer did a carry-over for several years. I wouldn't recommend anyone do that as the numbers tend to get muddied and it resulted in my ex getting a huge break while I'm left having to still pay lawyer for all those times (each time) where he was unsuccessful.

[MS Mom]

IF this has been an ongoing matter which took a year can you not request costs dating back to the start of the original application(s) or were costs already addressed?

My lawyer did a carry-over for several years. I wouldn't recommend anyone do that as the numbers tend to get muddied and it resulted in my ex getting a huge break while I'm left having to still pay lawyer for all those times (each time) where he was unsuccessful.

I filed the motion to change at the end of August 2013. The order was issued July 31 2014. It only took 11 months because the other side was granted an extension instead of responding within 30 days.

I'll just summarize the appearance dates and add in the tangibles like couriers and process servers. I don't have high expectations, so I shouldn't be too disappointed.

[arabian]

That sounds more than reasonable. Your ex is going to have a nice bill with his lawyer to contend with.

Anyone who has their lawyer argue over the different exchange rate, like your ex did, should be slammed with notable costs - what a waste of your and the courts time.

[MS Mom]

That sounds more than reasonable. Your ex is going to have a nice bill with his lawyer to contend with.

Anyone who has their lawyer argue over the different exchange rate, like your ex did, should be slammed with notable costs - what a waste of your and the courts time.

It's a case of him and the lawyer trying to "get away" with it. They were duly advised in settlement conferences how to go about calculating the exchange rate and chose to ignore that moving into the motion. Silliness to pay a lawyer to argue over .01% let alone .001% like they did.

The biggest success was the ongoing contribution to her sport. Arrears for this would have been nice as well, but I'll take what I can get. At least this is FRO enforceable and I don't have to deal with him on anything anymore.

[arabian]

Excellent! Congratulations - sounds like you were successful on almost everything so one would think that you would receive your costs.

[MS Mom]

Excellent! Congratulations - sounds like you were successful on almost everything so one would think that you would receive your costs.

I didn't get arrears for her sport or for the day camps for the sports, but was successful on the major issues, which were exchange rates, Child Support and ongoing S7 expenses (orthodontics and her sport).

He was objecting to the custodial/access until days before the motion. The majority of my time and his time prior to the motion would have been on custody/access issues. He submitted lengthy affidavits in support of his position to maintain joint custody and then just gave up.

The judge awarded exactly what I asked for in ongoing contribution to her sport and her orthodontic expenses. Both of these awards were better than my offers to settle.

I think a modest claim for costs should be in order.