So, at motion court in April, the ex was ordered to pay section 7 expenses which just includes daycare. I went back to work in Sept full time so now am using a daycare full time for our son. Last week though, the ex tells me that I am ‘money hungry’, that I get enough for child support and that I shouldn’t be bothering him about anything else, and that he won’t give me a dime over and above child support.
From what I understood from my lawyer, regarding section 7, you have to incur the expense FIRST, keep your receipts and then ask the other party to pay. So, here are my questions:
1) How long do I wait before I make the first request for payment? In other words, do I gather and keep receipts for six months of childcare and then ask the ex to pay or do I request payment monthly? Since he has made it pretty damn clear he’s not going to do it voluntarily, I know I’ll have to go the court route again (even thought there is ALREADY AN ORDER!, but I can’t afford to go to court every single month for half of the daycare expense but I also can’t afford to bank roll it for months at a time either!)
2) If there is already a court order but he refuses to pay, then what? Do you file a motion for contempt? And, does this mean if he refuses to pay, that I basically have to resort to filing a contempt motion EVERY SINGLE time I need payment for section 7? Isn’t there some way he can be ordered to pay the daycare directly his portion every month rather than me getting screwed and having to bank roll his portion for months at a time until he finally gets forced to pay through the court system? Doesn’t seem right that he can sherk the court order at his whim and then only have to pay if I file ANOTHER court order when there is already one in place that says he’s required to pay.
I’d be interested in hearing from others how they actually GET the payment for section 7 expenses. If this topic has already been discussed, I apologize. I did look through the posts first to see if some of my questions could be answered before I posted but mostly what I saw was people asking about ELIGIBLE expenses for section 7 or HOW TO CALCULATE the proportionate amount. I didn’t see anything on the actual PROCESS of getting payment for section 7 expenses. Again, if it’s here and I missed it, sorry about that.
From what I understood from my lawyer, regarding section 7, you have to incur the expense FIRST, keep your receipts and then ask the other party to pay. So, here are my questions:
1) How long do I wait before I make the first request for payment? In other words, do I gather and keep receipts for six months of childcare and then ask the ex to pay or do I request payment monthly? Since he has made it pretty damn clear he’s not going to do it voluntarily, I know I’ll have to go the court route again (even thought there is ALREADY AN ORDER!, but I can’t afford to go to court every single month for half of the daycare expense but I also can’t afford to bank roll it for months at a time either!)
2) If there is already a court order but he refuses to pay, then what? Do you file a motion for contempt? And, does this mean if he refuses to pay, that I basically have to resort to filing a contempt motion EVERY SINGLE time I need payment for section 7? Isn’t there some way he can be ordered to pay the daycare directly his portion every month rather than me getting screwed and having to bank roll his portion for months at a time until he finally gets forced to pay through the court system? Doesn’t seem right that he can sherk the court order at his whim and then only have to pay if I file ANOTHER court order when there is already one in place that says he’s required to pay.
I’d be interested in hearing from others how they actually GET the payment for section 7 expenses. If this topic has already been discussed, I apologize. I did look through the posts first to see if some of my questions could be answered before I posted but mostly what I saw was people asking about ELIGIBLE expenses for section 7 or HOW TO CALCULATE the proportionate amount. I didn’t see anything on the actual PROCESS of getting payment for section 7 expenses. Again, if it’s here and I missed it, sorry about that.
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