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**dadtotheend** · 10-22-2010, 06:59 PM

You're probably not going to get costs because you haven't even been to court yet. You only stand to get costs for the motion hearing if there is one. Before there is a motion you will have a case conference and he will likely cave at that point, just as he has in the past.

I am in the same position and have been advised that motions to change for CS are one of the easiest to self-represent. I have prepared the same forms as you and am just going to use my lawyer for a one hour teleconference to ensure all my i's are dotted and t's are crossed. Then I will take them to court, serve them myself and go it alone.

I would tell your lawyer you are going it alone from here on.

**blinkandimgone** · 10-22-2010, 07:04 PM

You're being very reasonable in what you're asking for so hopefully his lawyer points that out to him and it doesn't drag out. Perhaps if you're able to speak with him you could mention how it sucks that due to his demands your kids are down six months of child support and see if the two of you really can't work it out yourselves. Aside from that, once it's all sorted out, perhaps consider registering with FRO to avoid any future missed payments and paying for letters from the lawyer?

**dadtotheend** · 10-22-2010, 07:07 PM

Originally posted by blinkandimgone View Post

Aside from that, once it's all sorted out, perhaps consider registering with FRO to avoid any future missed payments and paying for letters from the lawyer?

That's what I did. After paying SS that exceeded CS due to me by $700/mth for four years with no missed or late payments she didn't pay me the ordered CS the FIRST MONTH. I said screw this, I'm not playing collection agent bad guy. Let the government do it.

**NBDad** · 10-22-2010, 08:09 PM

How much in section 7 are you talking about?

Also, as his income increases, so to is the table amounts supposed to. He needs to increase that voluntarily.

You probably won't see costs.

However you MAY be able to claim some or all of your legal fees on your income taxes as you are seeking an order to increase the amount of CS accordingly. I would definitely have the Child Support clause rewritten to account for automatic yearly calculation based on line 150 notice of assessments.

If you include the modification to the CS in your request, you SHOULD fall under the criteria to claim your legal fees as a tax deduction:

You can claim a deduction for legal fees on line 232 in any of the following situations:

you collected late support payments;
you established the amount of support payments from your current or former spouse or common-law partner;
you established the amount of support payments from the natural parent of your child (who is not your current or former spouse or common-law partner) where the support is payable under the terms of an order;
you sought to obtain an increase in support payments; and
you sought to make child support non-taxable.

**DunnMom** · 10-22-2010, 09:54 PM

As your all aware, Section 7 is hard to nail down.

When we first separated/divorced, ex paid his 50% of the boys hockey (hockey was $350/yr per child & he paid half).

Boys were young and were in before/after school care ... that cost approx. $500/mo (he paid half) ... they are no longer in afterschool care as they are now 13 & 11

And he paid half of whatever medical/dental benefits didn't cover. I'm going to guesstimate that being no more than $200/yr per child (and he paid half of that)

Last year he paid half of the 13 yr old's school trip to Ottawa (total cost $400, he paid half).

This current motion, I asking that he pay his "propotionate" share for:

Hockey ($500/yr per child max)

Braces (they have been seeing an Orthodonist for monitoring for 5 yrs and NOW is the time they need to start treatment. I have letter from family dentist they have had since 3 yrs old as well as TWO orthodonists confirming treatment is NEEDED, not cosmetic). The cost of this is $6,400 for 1 child and $6,000 for the other (spread over 2 yrs)

School events/activities costing over $100 (to a max. of $500 per year per child) (ie. Gr 8 trip to Ottawa/Quebec)

Uninsured medical/dental (other than orthodontal)

Bus passes once they start highschool (no school busing, must take public transportation. School is 3.3 km away) so I'm asking for montly bus passes which cost $100/mo per child. One child starting next Sept (2011) and the other in 2013

Summer camp (I work full time) for youngest for another 1-2 yrs max. This year (2010) because my company was slow and I had 3 wks vacation he only needed to attend for 2 wks (cost of $275/wk). I'm asking for max of $1,200/yr (4 weeks care)

Post-secondary (when/if that happens)

I really & truly don't believe I'm being unreasonable. They are avid "paintballers" and I've never asked ex to contribute because a) I know he won't and b) there is no "status-quo" like there is/was with hockey and c) they are already enrolled in 1 "extra-curricular" activity (hockey).

As they are heading into their teens and now with the braces I just can't keep paying 50% when my income this year will be $26,000 & his is $70,000.

Edited:

I am aware I can claim what I paid my lawyer on my taxes but it's only a small percentage of what I've paid out that I'll get back

**standing on the sidelines** · 10-23-2010, 07:44 AM

wow that is a high cost for a monthly bus pass. In my city it is half that for students and seniors

**blinkandimgone** · 10-23-2010, 08:05 AM

Can you even ask for potential future costs in an agreement? I don't think one can accurately determine future section 7 costs and expect it to be written in at a specific dollar amount. I don't think there's any way to tell what your section 7 costs will be down the road and asking him to pay a specific amount based on what things might potentially cost years from now doesn't seem right.

Do you not have insurance to cover the braces? Doesn't he?

What demands is his lawyer making?

**DunnMom** · 10-23-2010, 08:45 AM

Only insurance is $500/per kid, per year to a max of $1000. However, his commonlaw spouse of 7+ yrs works at a hospital and DOES have great benefits but refuses to put the kids' on them (?), no clue why, even he doesn't know but that's moot because I don't think you can force a step-parent to put the kids' on their benefits.

His lawyer's agruing:

- braces aren't needed (and I realize this could be argued but I assure you it's NOT cosmetic, cause if it was, I wouldn't be shelling out the $$$ either)
- wants my current husbands income (yet he is NOT claiming undue hardship).
- doesn't want a proportinate split
- 11 yr old doesn't need summer care, should be able to stay home with 13 yr old brother (I'm agruing that I can't the leave the 2 home together for 9 weeks and 40 hrs a week)

I know that both household incomes are pretty much equal (give or take $10,000), yet it's only him and his 7-yr long common law spouse living there (no other children). In our house there is myself, my current husband, the 2 boys' ex and I have together (ages 13 & 11), my 18 yr old son from my first marriage (in college but locally) and at times my current husbands almost 20 yr old daughter

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