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  • #16
    Originally posted by Mother View Post
    Let me try again.

    A child

    Two parents - joint custody, child resides with parent 1 who gets CS from parent 2

    Child's passport has expired, needs to be renewed for the future travels

    Parent 1 (with CS) demands from parent 2 to pay 60% of the cost for thr passport renewal based on the fact that parent 2 gets bigger salary

    Question: does perent 2 needs to pay for the passport? Any legal rules for this? If yes - how much (%)?

    And yes, the same question again - what is covered by CS?
    CS isn't legislated down to the penny. What isn't covered by CS is considered an extraordinary expense, and covered by section 7. But that varies based on the incomes and lifestyle of the family prior to the breakup.

    If the incomes are high, then it woudl be considered part of CS for sure. If the incomes are low, they might be considered extraordinary.

    But as I keep repeating, it isn't worth fighting over - an hour of a lawyers time is 300-400$, do you really want to get argumentative with your ex about this?

    Comment


    • #17
      Thank you for your answer.

      It's not about being argumentative, it's about knowing the rules and practices.

      Comment


      • #18
        Partners agreement doesnt specify. He was kind and provided a cheque to cover the cost of one passport. It is assumed by both parties that registration and documentation costs for the kids are the responsibility of the recipient. But she makes more than my partner and his cs payments at the time were high.

        Comment


        • #19
          Again, it is c/s.

          All matters of extraordinary expense are covered under s7 which doesn't contemplate passports.

          Special expenses are:

          • child-care expenses that a parent with whom the child lives incurs as a result of the parent's job, illness, disability or educational requirements for employment,
          • the portion of a parent's medical and dental insurance premiums that provides coverage for the child,
          • the child's health-care needs over and above that covered by insurance (for example, orthodontics, counselling, medication, eye care and other items) that exceed $100 per year,
          • the child's extraordinary expenses for extracurricular activities,
          • the child's extraordinary expenses for primary and secondary education or other educational programs, and,
          • the child's expenses for post-secondary education.

          The term extraordinary expenses means:

          • expenses that are higher than those that the parent requesting an amount for the extraordinary expenses can reasonably cover, in light of that parent's income (including the child support amount), or
          • expenses that aren't higher than those that the parent requesting an amount for the extraordinary expenses can reasonably cover, but that are extraordinary taking into account:
            • the income (including child support) of that parent,
            • the nature and number of the programs and extracurricular activities,
            • any special needs and talents of the child,
            • the overall cost of the programs and activities, and
            • any other similar factor that is relevant.

          It is highly unlikely that a passport would be a s7 expense unless both parents make very little money.


          Back to my previous example - do you ask the other parent to contribute when the kid needs a new pair of shoes which may cost $50-$80? I mean, the kid wears them in both households?

          Comment


          • #20
            Originally posted by Mother View Post
            So I guess there is no firm rules, it's kinda an agreement between the parties. What if the party that gets CS demands the other parent to pay 60% for the passport based on the bigger salary the non CS parent gets?
            My ex and I share the cost of the passports 50/50 as this is not S7. I pay offset child support.

            I applied for a nexus card for my children (free) which allows for access to the US without the passport (although it's recommended to have both)

            Comment


            • #21
              If it as about rules and practices then set aside YOUR issue that the CS payor makes more money than the CS recipient parent.

              And consider this: if the payor makes significantly more than the recipient, it is likely that he/she is paying a reasonable, if not good or great amount of support. Therefore, without even knowing the exact figures it sounds without a doubt that a passport, which averages to less than $1 a month for its five year validity, is INDEED covered in the CS received.

              Comment


              • #22
                Originally posted by Serene View Post
                If it as about rules and practices then set aside YOUR issue that the CS payor makes more money than the CS recipient parent.

                And consider this: if the payor makes significantly more than the recipient, it is likely that he/she is paying a reasonable, if not good or great amount of support. Therefore, without even knowing the exact figures it sounds without a doubt that a passport, which averages to less than $1 a month for its five year validity, is INDEED covered in the CS received.
                Great! Thanks muchly! Thank you, thank you, thank you.

                That's exactly what I thought: whoever get CS needs to pay for the passport too. Otherwise, every sneeze - a %% will be charged to the paying parent (this is the tendency I see receiving parent exhibiting on more than one occasion).

                Paying parent makes $7K more than the receiving one.

                Comment


                • #23
                  Originally posted by FB_ View Post
                  My ex and I share the cost of the passports 50/50 as this is not S7. I pay offset child support.
                  I split the cost with my ex also, simply because it wasn't much and definitely because it was not with dealing with any attitude from the other side after the fact. $40-$50 is cheap for peace of mind.

                  Comment


                  • #24
                    I split the cost with my ex also, simply because it wasn't much and definitely because it was not with dealing with any attitude from the other side after the fact. $40-$50 is cheap for peace of mind.
                    I find this is a pushover attitude and it leads to you getting walked on.

                    Its funny rockscan complains her husband gets abused and then condones him paying off his ex to keep the peace (for the passport).

                    Child support is already an unfair unaccountable transfer of wealth, this is just further abuse.

                    Comment


                    • #25
                      A passport is a basic goverment document, it should be paid in proportion to custody time if shared and by the custodial parent if not.

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                      • #26
                        He did this last spring when they were working together. When he found out the cheque was cashed and passports not filed he raised a stink. He wont be volunteering money again. I was simply pointing out what his agreement said and what he did. Now you know he got burned being nice which is why hes not mr nice guy anymore.

                        I dont control his actions. He made the decision and suffered the ensuing consequences. My comments in a different thread related to a completely different matter. Dont try to connect the two when theres no connection.

                        Comment


                        • #27
                          In my opinion the party that is travelling with the child pays for the passport fee.

                          Comment


                          • #28
                            Originally posted by Helpinghands View Post
                            In my opinion the party that is travelling with the child pays for the passport fee.
                            You assume only one parent will travel with the child. Bad assumption, especially when most Canadians live within a couple hours drive to a place that requires a passport to enter.

                            Comment


                            • #29
                              No I didn't assume that only one parent is travelling. It probably came out in a way that it could be misunderstood. IN MY OPINION Whoever is in the position that the passport is needed to travel they should do it. I wouldn't put up a fight for such a small issue ! But that is MY opinion

                              Comment


                              • #30
                                Originally posted by Mother View Post
                                Let me try again.

                                A child

                                Two parents - joint custody, child resides with parent 1 who gets CS from parent 2

                                Child's passport has expired, needs to be renewed for the future travels

                                Parent 1 (with CS) demands from parent 2 to pay 60% of the cost for thr passport renewal based on the fact that parent 2 gets bigger salary

                                Question: does perent 2 needs to pay for the passport? Any legal rules for this? If yes - how much (%)?

                                And yes, the same question again - what is covered by CS?
                                Its not a section 7 expense. Its like buying a suitcase for the child to go on the vacation. CS should cover it. Now if both parents want to chip in then great if not the CS recipient needs to cover it. That is what it is for. Whether or not it is more appropriate for both parties to work together does not matter. I know of one parent who would just say oh whatever here - I will get it. And that parent does that all the time and the other parent just keeps asking but he always says its for my kids so I do it. He is lucky and has the cash to do that. Not all can, so decisions have to be made.

                                Section 7. Pay proportionate to income
                                Not section 7 CS covers it.

                                Comment

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