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Actually GETTING the Payment for Section 7 Expenses

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  • Actually GETTING the Payment for Section 7 Expenses

    So, at motion court in April, the ex was ordered to pay section 7 expenses which just includes daycare. I went back to work in Sept full time so now am using a daycare full time for our son. Last week though, the ex tells me that I am ‘money hungry’, that I get enough for child support and that I shouldn’t be bothering him about anything else, and that he won’t give me a dime over and above child support.

    From what I understood from my lawyer, regarding section 7, you have to incur the expense FIRST, keep your receipts and then ask the other party to pay. So, here are my questions:

    1) How long do I wait before I make the first request for payment? In other words, do I gather and keep receipts for six months of childcare and then ask the ex to pay or do I request payment monthly? Since he has made it pretty damn clear he’s not going to do it voluntarily, I know I’ll have to go the court route again (even thought there is ALREADY AN ORDER!, but I can’t afford to go to court every single month for half of the daycare expense but I also can’t afford to bank roll it for months at a time either!)

    2) If there is already a court order but he refuses to pay, then what? Do you file a motion for contempt? And, does this mean if he refuses to pay, that I basically have to resort to filing a contempt motion EVERY SINGLE time I need payment for section 7? Isn’t there some way he can be ordered to pay the daycare directly his portion every month rather than me getting screwed and having to bank roll his portion for months at a time until he finally gets forced to pay through the court system? Doesn’t seem right that he can sherk the court order at his whim and then only have to pay if I file ANOTHER court order when there is already one in place that says he’s required to pay.

    I’d be interested in hearing from others how they actually GET the payment for section 7 expenses. If this topic has already been discussed, I apologize. I did look through the posts first to see if some of my questions could be answered before I posted but mostly what I saw was people asking about ELIGIBLE expenses for section 7 or HOW TO CALCULATE the proportionate amount. I didn’t see anything on the actual PROCESS of getting payment for section 7 expenses. Again, if it’s here and I missed it, sorry about that.

  • #2
    Try and make an agreement to get child care expenses dealt with as they occur. I would not want to wait long especially if there is a large income spread. He should pay proportionally to the wage difference.

    example if you make 30k a year and he 60k you pay 1/3 he pays 2/3.

    Child support does not cover daycare expenses.

    What does your court order say about daycare costs?

    You have to make a separation agreeement or have in a court order what the ratio is and how it gets paid.

    If he refuses to pay you can threaten taking to court but be prepared to follow through it he ignores you.

    I know it sucks but when people dont want to be reasonable you have to take action. He'll have to explain to the judge why he wont pay.

    As for the math take both your wages and add them together. Take your wage and divide it by the total amount...

    ie 30 + 60 = 90

    30/90 = .33

    so your portition is 33% and his is 67%

    Hope that help. Good luck.


    • #3
      Hi there

      I have trouble getting payment from my ex for childcare too. This week, on suggestions from this forum, i told him that i was going to file a contempt motion and at 11:59 last night he paid. I explained that lawyers are a lot more expensive than his percent of the childcare and that he would also be responsible to pay my legal bills because he was in contempt of the agreement. With clear receipts and proof that he has them and has lapsed on his time to pay them, it seems (from the help i got here) that it is a clear case of contempt.

      So i am sitting here a few hundred dollars richer for the help i got in exactly this sort of situation.

      If there is a court order that he pays prorata on the childcare, then he is legally supposed to. Give him a few kind reminders (though even that should be unnecessary) and let a week or two go by and then give him one last reminder with perhaps scanned and emailed copies of the receipts and then stop asking and then (perhaps with some more expert advice) get a contempt motion (at his expense).

      I am not sure why we have to ask and ask and ask for these things... it is such a pain!.


      • #4
        And make sure you do the asking in WRITING (e-mails) so you can document... or registered mail with signed receipt. Good luck!


        • #5
          From what I understand if there is a court order than you can file the receipts with the FRO and they can deduct from his pay directly.


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