Child Support (Clothing, School Supplies)

[Pippi123]

I am paying full table Child Support. Does CS include School Supplies and Clothing? My ex keeps sending me receipts to pay 60% of the bill because she thinks they are S7 expenses which I know aren't. Just need a website or somewhere where it states that CS covers clothing and school supplies.

[OrleansLawyer]

Please see Family Law Act - O. Reg. 391/97

“extraordinary expenses” means
(a) expenses that exceed those that the parent or spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that parent’s or spouse’s income and the amount that the parent or spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate, or
(b) where clause (a) is not applicable, expenses that the court considers are extraordinary taking into account,
(i) the amount of the expense in relation to the income of the parent or spouse requesting the amount, including the amount that the parent or spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate,
(ii) the nature and number of the educational programs and extracurricular activities,
(iii) any special needs and talents of the child,
(iv) the overall cost of the programs and activities, and
(v) any other similar factors that the court considers relevant. O. Reg. 102/06, s. 1

Generally speaking, clothing and school supplies will be covered by child support unless the expenses outweigh the support.

[HammerDad]

Please see Family Law Act - O. Reg. 391/97

Generally speaking, clothing and school supplies will be covered by child support unless the expenses outweigh the support.

Read - unless you are both fairly low income earners, it is c/s.

[hadenough]

^ all correct. The CS payments are meant for day to day living and ordinary expenses associated with caring for a child. Food, clothing and a roof over their head.

I intend to ask for S.7 expenses as they were not asked for by my lawyer despite the fact that I wanted him to argue for them. I want S.7 b/c ex's income is considerably higher than mine and my concern lies with dental/medical expenses that may arise as well as I'd like to have my son in one activity or sport, and those are quite costly (for me) to manage on my own.

[billm]

^ all correct. The CS payments are meant for day to day living and ordinary expenses associated with caring for a child. Food, clothing and a roof over their head.

I intend to ask for S.7 expenses as they were not asked for by my lawyer despite the fact that I wanted him to argue for them. I want S.7 b/c ex's income is considerably higher than mine and my concern lies with dental/medical expenses that may arise as well as I'd like to have my son in one activity or sport, and those are quite costly (for me) to manage on my own.

You have to look at the COMBINED incomes when considering if something is extraordinary (ie. Section 7 and not covered by CS). Your ex's high income means high CS, plus combined with what your CS contribution would be given your income. This means that it is a higher threshold for something to be 'extra-ordinary'.

Medical and dental should be over $100.

One activity or sport (assuming it is a house league level sport) would be covered by CS given the high combined income you mention. Your ex has already contributed.

[hadenough]

My income is almost non existent billm. And if I wasn't running around hell's half acre b/c of the crap he's landed me in - maybe, just maybe I could concentrate on "work." As it stands, I have quite a substantial "other matter" to attend do wrt the ex's bankruptcy. This involves filing motions, serving parties, paying filing fees. It is not something I can openly discuss all the details of at this time, but the matter I'm referring to is one that will (in the next 4-6 months) become very public knowledge.

I would rather be moving on with my life but unfortunately, the situation he has 'created' forces me to have to deal with it, and him - on many levels. I don't think I will have a problem varying the order to include S.7 expenses.

[Berner_Faith]

I am paying full table Child Support. Does CS include School Supplies and Clothing? My ex keeps sending me receipts to pay 60% of the bill because she thinks they are S7 expenses which I know aren't. Just need a website or somewhere where it states that CS covers clothing and school supplies.

I know how you feel... my bf's ex constantly asks for things above and beyond, even though they should be covered by CS... this year we have covered all school expenses (just like we did last year), as well as bought new shoes for the children.

I think you really have to take a look at the financials of both parties... we are okay with covering these expenses as it gives us a chance to spend more time with the children and be involved in their school activities. However, at the moment the CS the ex receives is lower than what it should be... this is due to a massive overpayment the first year of separation, as well as a job change, which resulted in less income for the bf last year. His 2012 income is going to be way higher than it was even during their marriage, which means his CS is going to be way more than she has been receiving the past 2.5-3 years... once this change happens next June, he will not be so willing to help out with items that should be covered under CS.

[TiredOfTheDrama]

What about the additional items that are related to back to school (I don't get s7 but am curious)

There are student fees 60/child & each class has fees that range from 10$ to 80$ depending on the course (even at the lowest fee of 10$ that would be 80/child), top on that the monthly bus pass (no yellow buses for city kids)

[billm]

What about the additional items that are related to back to school (I don't get s7 but am curious)

There are student fees 60/child & each class has fees that range from 10$ to 80$ depending on the course (even at the lowest fee of 10$ that would be 80/child), top on that the monthly bus pass (no yellow buses for city kids)

These are all normal things and are covered by CS unless the combined income of both parents is very low.

The whole idea of tabled CS based on income is that is covers everything so that parents don't have to go back and forth and fight over it. The payor pays CS, the recipient budgets based on that - end of story.

Section 7 is for the EXTRAORDINARY.

[TiredOfTheDrama]

These are all normal things and are covered by CS unless the combined income of both parents is very low.

Thanks billm - this has been something I wonder about every Aug/Sept.

If CS was based on the reality of his wage (tack on 40 k to the amount its based on) it probably wouldn't even occur to me to think about it

[Mess]

I go by the rules for medical expenses. That rule is, if it is over $100 (out of pocket, not covered) then it is a section 7.

So I apply that to other things like school trips, fees, etc. If it is a single item or event and it's over $100, then either we split it or we each take a similar item.

My daughter's metropass is $100, we alternate that each month.

[billm]

I go by the rules for medical expenses. That rule is, if it is over $100 (out of pocket, not covered) then it is a section 7.

So I apply that to other things like school trips, fees, etc. If it is a single item or event and it's over $100, then either we split it or we each take a similar item.

My daughter's metropass is $100, we alternate that each month.

It's great that you have that worked out with your ex.

It is not however, the implementation of Section 7 nor the Child Support Guidelines.

[hadenough]

Quote; "If CS was based on the reality of his wage (tack on 40 k to the amount its based on) it probably wouldn't even occur to me to think about it."

^ totally understand. My ex's income was imputed - but had we been in front of a more seasoned Judge, he would have been imputed easily at 25-35k higher.

[Teenwolf]

I hear the "over $100" rule fairly frequently on here. Is that more than $100 annually or one time events?

[blinkandimgone]

Per event.