Another S7 expense question

[forthekids]

Can my EX get payment for extraordinary expenses (high school trip out of country) I had explained that I could not afford to assist in funding this trip and also that it wasn't part of the curriculum. In addition, high school graduation was just a month afterwards and if I had any funds I would prefer to contribute to the year-end events like Prom, graduation etc.

Even though my ex proceeded with the decision to have him go on the trip against my wishes, he's trying to stick me with half the bill. My financial statement clearly shows that I cannot afford these types of things and in my opinion it was a over priced trip to Disney World. My child has already been on a high school trip out of country in which I gladly assisted and paid half for 2 years ago.

I understand we want to give our children everything but sometimes it isn't within our means.

How does this work? My income is less than 40K. How is this perceived with regards to Section 7 expenses. I am also currently paying for Orthodontics on top of my support which I believe IS a S7 expense, not a trip.

[ottawa_divorce_dad]

I'm sure some of the experts on here will chime in soon. But I believe that once you indicate that you do not support a certain activity, you can't be stuck with half the bill unless someone can prove that it was absolutely essential and that you can afford it.if you were refusing to share in say summer camp costs, you probably couldnt get away with it. But based on what you've mentioned, this clearly is way out of the league.

I am curious about the experts' opinions.

[forthekids]

I have seen a few posts but I am trying to apply it to my situation. When I had my financial statement sworn, I was speaking with a free legal advisor and she said "you simply can't afford it on your current income"

[Mess]

It's not nearly that cut and dried.

If summer camp is for the purposes of child care, because both parents work during the day, then it is automatically a section 7 expense.

If a child had an activity (music lessons, sports) before separation, then it will usually be argued as a section 7 expense, unless the cost is trivial.

If an activity would lead to some specific opportunity for the child, such as a sports scholarship at university, or an opportunity to coach, or to compete at a very high level, then it will be considered a section 7 expense.

If an activity exceeds the reasonable budget of the parents, and one parent disagrees, then it will probably not be considered a section 7 expense, but a judge will consider the above issues.

[forthekids]

The kids are quite a bit older and this trip was a luxury and not necessary. My son is now in University and I paid for his music lessons throughout high school because he needed it for his post secondary education.

I pay 50% for my daughter's orthodontics but EX is trying to recoup funds he paid for horseback riding lessons in cash without receipts nor was I consulted about these.


None of this existed prior to separation as my kids were very young (12 years ago)

[Pursuinghappiness]

If an activity exceeds the reasonable budget of the parents, and one parent disagrees, then it will probably not be considered a section 7 expense, but a judge will consider the above issues.

^^ Agreed.

I paid for my youngest's grade school grad trip but I also receive offset CS so my situation is different.

I can see his desire to send your child on a trip like this but if you clearly communicated that you can't afford it and its frivolous, then his decision to send the child seems like his alone and thus his expense.