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Section 7 how to pay portions

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  • Section 7 how to pay portions

    Is there a formula or proper way to figure out the payable section 7 portions?

    I pay 75% and my ex pays 25%.

    For an example if braces cost $10,000 I was assuming we would go through our insurances first. Mine would cover $2000 and hers would cover $3000. So I thought my portion would be 75% of the $5000 now ($3750) and the ex's is $1250.

    I have been informed this is incorrect and have been told there is two ways to correctly calculate section 7 portions.
    1. I pay 75% of the total $10000 ($7500) then minus $2000 from my benefits my portion is now $5000. My ex pays 25% of the total = $2500 then minus her company benefits (pays up to $3000) = $0.

    2. I pay 75% of my ex's work benefit and she pays 25% of mine then we both pay 50% of the expense. (I don't know the exact number the of the ex's but was told it's approximately $100 every 2 weeks). So I would pay $5000 minus $2000 from insurance plus +/- $1500 a years for the ex's benefits.

    Are any of these correct?

    Thank you.

  • #2
    Each of your percentage is based on the out of pocket expense.

    10000 cost
    5000 combined insurance coverage
    5000 out of pocket expense

    You pay 75%, she pays 25 % of the 5k.

    Who was it that 'informed' you??

    Comment


    • #3
      Originally posted by dad1414 View Post
      For an example if braces cost $10,000 I was assuming we would go through our insurances first. Mine would cover $2000 and hers would cover $3000. So I thought my portion would be 75% of the $5000 now ($3750) and the ex's is $1250.
      That is mostly correct. Don't forget to include any tax deductions that may be possible due to the expense, which would lower the amount payable even more.

      I have been informed this is incorrect and have been told there is two ways to correctly calculate section 7 portions.
      Your ex is funny. Disagree politely and then hope that she brings you to court. Make sure to ask for costs when you win. It will be the last time she messes around with you.

      2. I pay 75% of my ex's work benefit and she pays 25% of mine then we both pay 50% of the expense. (I don't know the exact number the of the ex's but was told it's approximately $100 every 2 weeks). So I would pay $5000 minus $2000 from insurance plus +/- $1500 a years for the ex's benefits.
      I'm having trouble following the terms you are using here. How do you pay a benefit? Probably doesn't matter since blink laid it out exactly how it goes down, but I'm curious as to what your ex was trying to pull.

      That said, do you have a separation agreement, and what exactly does it say? Sometimes people agree to wonky things, and in general if you agreed to pay more than what was fair, you will be forced to pay that higher amount.

      Comment


      • #4
        Ok thanks that's what I thought.

        Haha...the ex has told me she talked to her lawyer, accountant and financial advisor etc.

        Comment


        • #5
          Don't take advice from your ex, your ex's lawyer, accountant, financial advisor, dog, pig or chicken.

          Always ALWAYS verify independantly. Always.

          Comment


          • #6
            Here's a nice official online worksheet to figure it out.
            Worksheet 2: Determine the amount for special or extraordinary expenses

            Comment


            • #7
              Thank you everyone.

              I will check out the worksheet.

              Haha I've learnt to do my due diligence with the ex...its quite convincing though...

              Janus the ex is referring to her medical plan premiums paid through work.

              Comment

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