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  • Changing Child Care expenses

    I'll try make this as succinct as possible:

    I have my girls 50/50 and because of shift work I am able to have my children during the week which lowers our child care expenses. This was the case preceeding our divorce as well. There is a good chance that I will be successful in securing a regular mon-fri positions. The divorce order states that regardless of any change in work schedule, the living arrnangements for our children remain the same. No problem there, but the scheduling change will affect the cost of daycare. My former-wife states that she will not pay her share of the increased cost because it is my work which is changing.

    Now I understand that Child Care is a special expense under Section 7 (for the purpose of employment, training etc. etc.) but does anyone know of any legal resource (government publication or perhaps case law) which references the need to ADJUST the child amount if one of the parents work schedules change?

    My hope if to be able to reference this with her in the hopes of avoiding the costly matter of having my lawyer involved.

    Thank you

  • #2
    She's out of luck. As long as it is work related she is obligated to pay her share of the costs, proportionate to income, regardless of how and when the changes come about.

    Special or extraordinary expenses

    <!-- TRANSIT - HYPERLINK --><!-- .droit de la famille (Loi sur le) - Règl. de l'Ont. 391/97. -->7. <!-- TRANSIT - HYPERLINK --><!-- .droit de la famille (Loi sur le) - Règl. de l'Ont. 391/97. -->(1) In an order for the support of a child, the court may, on the request of either parent or spouse or of an applicant under section 33 of the Act, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the parents or spouses and those of the child and to the spending pattern of the parents or spouses in respect of the child during cohabitation:

    (a) child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;

    (b) that portion of the medical and dental insurance premiums attributable to the child;

    (c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy, prescription drugs, hearing aids, glasses and contact lenses;

    (d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;

    (e) expenses for post-secondary education; and

    (f) extraordinary expenses for extracurricular activities. O. Reg. 391/97, s. 7 (1); O. Reg. 446/01, s. 2.
    Family Law Act - O. Reg. 391/97

    Nowhere does it say it's only applicable if one holds the same job/schedule as when you were married. It's pretty straightforward.

    Comment


    • #3
      Originally posted by Trix View Post
      I have my girls 50/50 and because of shift work I am able to have my children during the week which lowers our child care expenses. This was the case preceeding our divorce as well. There is a good chance that I will be successful in securing a regular mon-fri positions. The divorce order states that regardless of any change in work schedule, the living arrnangements for our children remain the same. No problem there, but the scheduling change will affect the cost of daycare. My former-wife states that she will not pay her share of the increased cost because it is my work which is changing.

      Now I understand that Child Care is a special expense under Section 7 (for the purpose of employment, training etc. etc.) but does anyone know of any legal resource (government publication or perhaps case law) which references the need to ADJUST the child amount if one of the parents work schedules change?
      The living arrangements may not change with job hours, but the daycare arrangements sure can, and will, if you get the new job. And yes, your ex will be proportionally responsible for that new expense.

      How old are the children? Sounds like a very good idea to change from shift work to daytime hours as they reach school age. What's the point being home during the day when they are not, and at work when they are home? Maybe you can use that to point out that the new job is best for the children's changing needs. Also, does the new job come with a pay increase? Point that out too, to soften the blow.

      Hmmm, so does your ex look after them while you are at work? She may see your upcoming evening freedom as taking away from her time with the children, on top of her having to pay more. That may be why she's threatening not to pay, to try to discourage you from changing jobs.

      Comment


      • #4
        You hit it on the nose: where there used to be great value in being off during week-day hours, with both of my children going into school for full days, there is little use in having me vaccuum and who knows what for a good six and a half hourse during day. Going to a more regular schedule, affords me the opportunity to be available (obviously) in all the evenings, that way, I can attend more of their evening activities regardless of whether or not they are "with me" or not and, for the first time in a few years, have some time to engage in my own activities, as at present, I either have my girls or are working, and usually evning or night shifts.

        Most importantly, there change IN NO WAY affects our children's time with their mother. It would simply mean that on some morning she is dropping them off or picking them up fromt he daycare provider instead of from me.

        The money doesn't change either, I am salaried and nothing changes. The ONLY impact she would have is a higher daycare cost.

        Really, I just hope she gets around to understanding that that cost is still hers to share without having to engage, again, in the expensive legal route.

        Comment

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