Extraordinary Expenses - Again

[About_Time]

Sorry, I know there are a lot of threads on S7 Expenses, but I seldom come out of them with a clear picture of what is or isn't considered valid. This is probably because the law is pretty fuzzy on this.

The particular sections my ex and I usually fight about are:

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

(f) extraordinary expenses for extracurricular activities.

For (d), she is trying to claim that gas money she will spend driving my son to and from his summer school program should be included. I disagree. Technically, it is her BF who will be driving so the money isn't coming directly out her pocket. Beyond this, I just don't see transportation costs like this to be "extraordinary" - I mean, getting to a program is as "ordinary" as I can think of. It's not terribly far, as I understand it. Am I wrong here?

For (f) we have a number of diagreements, as this is the most wide-ranging and least specific clause. I've paid for guitar lessons and dance lessons and soccer lessons and so forth without any complaint. I've also paid my share for the associated equipment, uniforms and costumes. My line in the sand has been school trips. I have been paying my half of the $10 and $20 fees thus far, but each time I remind her that I don't consider these extraordinary, am paying them voluntarily to help her, and will be ceasing these sorts of payments come September. She obviously disagrees. To my mind, little day-to-day trip fees are not extraordinary. A $300 year-end trip to Quebec would be, but a $10 trip to the museum is not. Again, am I in the wrong here?

If she took these issues to court (as she has threatened perviously), would the fact that she agreed to a sweetheart deal in the separation agreement (50-50 on expenses, despite her not working), work against me? I know that "extraordinary" is often considered relative to income, so there may be a substantially lower threshold given that she earns nothing. Would/could the judge negate the expense clause in our agreement (done via the courts - all official) in favour of a more traditional "income ratio" method?

[Cobourg]

Time,
I here you and feel the same way.
Last week I got a phone call from my 11 year old daughter asking for $10 so that she could by tickets for the school "fun fair". She said that "Mommy told her to call me and ask me for the money because the fun fair is on "your" day".
Nice eh?
Of course I gave her the money. I can't deny her much unfortunatley.
I to get asked for the $10 - $50 school trips that I believe should be taken as part of my regular child support.
We don't have an agreement on that area as of yet, but when we come to it, I want it spelled out exactly what is covered.
I think that if she took these issues to court she might look petty and silly.
My ex and I can't agree on summer vacations....we each get two weeks according to our agreement. I asked for one of my weeks to start on a Friday and end on a Friday. In "even" years I get final say on the timeing of said vacations. She took me to court two weeks ago and asked the judge to decide for us "when a week starts".
He looked at her and said, "What makes a good meal?"
She replys "I guess that would depend...". He said "exactly".
Judges just LOVE to deal with silly little things like that.
It takes up very valuable time and resources.
I wouldn't pay it and I wouldn't worry about it if it were to go to court.

[CISTEAD]

The Federal Child Support Guidelines: Step-by-Step

It is surprising what isn't considered Section 7 expenses. Think of the word "EXTRA" ordinary......not....."ORDINARY"........the guide above is a step by step.... I would print out this guide and highlight the areas and give it to her.

[NBDad]

For (d), she is trying to claim that gas money she will spend driving my son to and from his summer school program should be included. I disagree. Technically, it is her BF who will be driving so the money isn't coming directly out her pocket. Beyond this, I just don't see transportation costs like this to be "extraordinary" - I mean, getting to a program is as "ordinary" as I can think of. It's not terribly far, as I understand it. Am I wrong here?

Transportation costs to/from a summer school program I would imagine would be covered by child support if it's local. If she needed to drive any significant distance, then it could be argued. If it's inside the city limits, then I would say no. If the PROGRAM ITSELF had a cost, or there were books/resources needed for said program, then THOSE might be considered "extraordinary".

For (f) we have a number of diagreements, as this is the most wide-ranging and least specific clause. I've paid for guitar lessons and dance lessons and soccer lessons and so forth without any complaint. I've also paid my share for the associated equipment, uniforms and costumes.

6 of 1, half dozen of the other. Any kind of sports related activity, you should be able to claim up to $500/year/child on your income taxes.

My line in the sand has been school trips. I have been paying my half of the $10 and $20 fees thus far, but each time I remind her that I don't consider these extraordinary, am paying them voluntarily to help her, and will be ceasing these sorts of payments come September. She obviously disagrees. To my mind, little day-to-day trip fees are not extraordinary. A $300 year-end trip to Quebec would be, but a $10 trip to the museum is not. Again, am I in the wrong here?

I agree with you. Little day to day things, especially if you don't have at least 50-50 custody, would be covered by CS. If you have at least 40% access...then I would say you should split ALL such items.

If she took these issues to court (as she has threatened perviously), would the fact that she agreed to a sweetheart deal in the separation agreement (50-50 on expenses, despite her not working), work against me?

Would like to say no, but it depends on the judge. Why is she not working? Courts CANNOT accept "0" as an income. If she stays at home and the new husband/boyfriend supports her, then she can be inputted an income based on what she is capable of making. Pulling you to court over nickel and dime crap will most likely wind up biting her in the ass.

given that she earns nothing. Would/could the judge negate the expense clause in our agreement (done via the courts - all official) in favour of a more traditional "income ratio" method?

He could. Though if he does it would mean she would be inputted an income for such calculations. 0 is not an acceptable income. Anything UNDER minimum wage is not acceptable as an income. If she tries to pull you into court, utilize those kinds of arguments, then ask for costs.