CISTEAD:
For special expenses for things like medical, dental or even special needs, make sure the special expenses are divided by proportion share of incomes (if your husband makes less, this should be reflective in the agreement) and make sure it's agreed upon to a certain percentage like 50/50 or 60/40. Some lawyers try to get too fancy with their wording but simple is best. If medical bills are to be split according to incomes, make sure they take out "proportionate share" and replace with a percentage for the payor and recipient. For sure, special expenses have to be claimed by the recipient, so they can be paid back in a voluntary arrears payment plan. As well, make sure you agree that ALL bills have to be discussed before being authorized to be done. You'd be surprised how many times people just go and get something done without consulting the other person and then a nice $3000 bill shows up on their balance. Make sure the wording is something like "all future medical, dental and other special expenses are discussed and agreed upon by both the payor and recipient before proceeding" or something to that effect.
I have one quick question. My husband has a Settlement Conference this Monday, to settle Section 7 expenses. He needs to pay his share of Orthodontic that have already been paid for in full. He is looking for proportionate to income, as the payee makes 3x what he does. We are happy to pay our portion, and we stated in our Settlement Conference Brief that we wish the order to be filed with the FRO, as these Section 7 expenses will constitute arrears, and are eligible to be enforced by the FRO. We would prefer that to be honest, and we would like to make a voluntary arrears payment agreement. Is there anything you could recommend as far as the wording of the court order, etc?
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