No announcement yet.

Enforcing section 7- Form 26?

  • Filter
  • Time
  • Show
Clear All
new posts

  • Enforcing section 7- Form 26?

    Aaaaand I'm back.

    Ex won't ante-up for section 7 expenses which are substantial. D6 has been in Oral Immuno Therapy for 1 year- and probably has 1-2 more years left. It's expensive every time you go to the clinic (~$600, total). We were updosing every other month- but the allergists said D6 can go to once a month (the normal updose is every 2weeks) gets her to cross-contamination and what they call "bite-proof" faster. Meaning- if she accidentally ingests some dairy, she won't die. The amount of money is the same because there is a set amount of updoses- the only difference is whether you space it out over 4 years or 2 years. Anyways- Ex says he will dose her and continue with the treatment- but he doesn't like the pacing (it's a money thing)- and is not going to pay. And if the pacing isn't what he wants then he doesn't support OIT. Which is so dumb.

    I can't stop D6s treatment- so I'll pay, and recover the amount from him.​

    He is also objecting to her doing any type of summer camp because he can watch her during the day. Again, money. I'll pay for them- I'm going to recover the costs though. Self-repped.

    Attempting to work this out through the Co-Parent Counselor...but we'll see.
    Question- what form do I use? I'm thinking it's Form 26- Statement of Money Owed; or is it Form 25- General?

  • #2
    I would file with FRO. Then you can submit it as arrears.

    Bigger question—who has final decision making on health related issues? Because if it's you, he can't object to the costs.

    Second question, is the time in your agreement set out as your time? Because if it is your time and camp is a child care substitute, he has to pay. That was the statement from the judge in my husband's case—if it is a child care situation then he is obligated to pay.


    • #3
      Yes and Yes. I have sole custody and final decision making. But because she spends time with her dad- I include him in any and all health care stuff. I need his buy-in on OIT.

      The thing that is killing me with the s7 - is that its clearly not the OIT he objects to- just the pacing. It's a tradeoff. I did one year of every other month because he wanted to- it was a compromise. But updosing faster is going to change her quality of life- she could camping with her brownie troupe, etc etc....I am open to discussing it with the PC; but this is a purely money issue for him.

      And yes- we've discussed this about summer camp- it's on my time. I need the childcare- and it's good for her. We can both afford it. It's not an excessive expense- they're not the exorbitant daycamps. They're local city run camps and the YMCA. Whatever, he said he'll take her to the camps- just wont pay for them. I told him that's not how it works. If I have to go to court so that he understands it- I will.


      • #4
        Um they're called Embers now not Brownies, yeesh

        I say file with FRO or at least threaten it. He will be ordered by a court to do it so why not just bust him now then his punishment is having to deal with FRO's mess because he was difficult.

        Otherwise you have to go through the WHOLE court process and deal with that which is punishment for you.


        • #5
          I'm not sure but I don't think a form is required as you're not filing anything. Just make your request/offer and if they don't agree, file a motion to change for s7 - but it's no guarantee.


          • #6

            Co-Parent Counselor got him to be reasonable- and pay outstanding amount. I said I would be forced to file our agreement with FRO (our agreement says that section 7's cover medical expenses recommended by D6's doctor- which we needed a referral to OIT- so I'm fairly certain I would be successful...add to that, he already agreed to it and had been paying for it for a year).

            It always comes down to control for D6's dad. I agreed to "continue" the conversation on timing of OIT- and for now, interval will continue with what I want and her OIT doctor's recommended.

            Moral of the story- a good PC is worth their weight in gold.
            Last edited by iona6656; 01-24-2023, 01:10 PM.


            Our Divorce Forums
            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.