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  • Extraordinary Expense or Ordinary?

    I'm looking for an opinion if this would be an extraordinary expense under Section 7. My ex has emailed me a receipt for $887.05 for 2 season passes at a ski hill for my 2 daughters. Just the receipt was in the email...no message and as usual she hasn't asked if I approve of the expense. Of course, I can't really disapprove anyway or that just makes me a "terrible Dad". Her income is about $80,000 (not including income from several rental properties that doesn't appear on her income tax.) She has remarried and I would guess-estimate the family income at around $200,000, not that that probably matters. I pay child support of $1081 per month. Last year when it was ski and snowboarding lessons, I paid without question, but this seems like more of a recreational expense to me (of about $30 per week for each child.) I also pay for voice lessons for one daughter (more for voice maintenance after several years of lessons).
    I'm almost tempted to pay it regardless, just to avoid the inevitable conflict and her wrath whenever she is questioned in any way, but I would really appreciate some guidance on this.

  • #2
    My thoughts, if the passes travel between homes, I would be more inclined to pay my proportional share. You don't say what your income is, but if you make the same, then the expense would be split. If you make more, then you should pay a higher % of the expense.

    However, I don't believe this to be an extra-ordinary expense. It isn't lessons, it is just a seasons pass. Further, she never asked and received your prior consent to the expense.

    I also see this as a recreational matter that she has chosen for her household.

    You could pay it, but only if you get the benefit in your house as well.

    Comment


    • #3
      Originally posted by HammerDad View Post
      My thoughts, if the passes travel between homes, I would be more inclined to pay my proportional share. You don't say what your income is, but if you make the same, then the expense would be split. If you make more, then you should pay a higher % of the expense.

      However, I don't believe this to be an extra-ordinary expense. It isn't lessons, it is just a seasons pass. Further, she never asked and received your prior consent to the expense.

      I also see this as a recreational matter that she has chosen for her household.

      You could pay it, but only if you get the benefit in your house as well.
      If its not section 7 and he pays full child support, then he already paid for it via CS. The fact that the kid may use the pass while with him is not relevant.

      Whether it is actually a section 7 expense is depends on the amount of the expense, and the combined incomes of the parents. If this is their only recreation during the winter, and given her income, it is not section 7, and it is covered in by your CS.

      Comment


      • #4
        Originally posted by billm View Post
        If its not section 7 and he pays full child support, then he already paid for it via CS. The fact that the kid may use the pass while with him is not relevant.

        Whether it is actually a section 7 expense is depends on the amount of the expense, and the combined incomes of the parents. If this is their only recreation during the winter, and given her income, it is not section 7, and it is covered in by your CS.
        These would be "ordinary" in my opinion (seasons passes). The mother is responsible for the recreational activities. If they are required by a Ski team or linked to an organized event the children are involved in... Then it would be "extraordinary"... Like say they were training for the Olympics.

        Good Luck!
        Tayken

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        • #5
          Thanks all. I really appreciate the input...

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          • #6
            IF it is something the children enjoy and one parent cannot afford the total expenses, then it should be shared. It is all about the children and anything that keeps them off the streets and being bored which can lead to trouble, should be gleefully shared by both parents.

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            • #7
              Our experience was this:

              Trial judge deemed everything from drivers ed, swimming lessons, guitar lessons, dance lessons, wonderland passes, school unifoms non section 7 BUT $1,200 summer camps were allowed.

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              • #8
                Originally posted by Coop View Post
                Our experience was this:

                Trial judge deemed everything from drivers ed, swimming lessons, guitar lessons, dance lessons, wonderland passes, school unifoms non section 7 BUT $1,200 summer camps were allowed.

                Thanks for the info… I was surprised to hear the lessons weren’t Section 7.
                She can afford the passes but she would rather have the money for herself. They are always vacationing and going out. I once counted 5 out-of-the-country trips in a one year period, including 3 weeks in Egypt. I, on the other hand, don’t go anywhere and eat rice and pasta…

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                • #9
                  It seems like anything can qualify as a S7 expense, if the parents have the financial means to provide it. You stated that your ex's income is at least 80K; your CS is 1081/month, which means you're making at least 73K. With respective incomes in that range, I suspect the court would have no problem deeming the season ski passes as a legitimate S7 expense.

                  http://www.canlii.org/eliisa/highlig...1onsc3140.html

                  Comment

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