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Can Support be Reduced if I have another child in second marriage????

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  • #16
    See the thing is that she does have the income because she has no living expenses, no rent and gets an income and gets child support so she can afford to put my son in all those activites, but its me that cannot afford it because I have living expenses, rent etc, pay CS etc.

    She sent in to the lawyers some reciepts but she blocks out the location, time etc. so I don't know where it is, so in relaity since I don't see my son I don't even know if he attends or not. Plus bottom line for a grade 8 student to have an activity every night and most all day saturday in not healthy or required. But how do I make the lawyers and my ex and the courts see it. What can be done to put an end to this, The lawyers are forcing me to pay $350.00 until he turns 18 , the same amount as part of the divorce settlement, regardless if his activites exist, change or not..................

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    • #17
      Exactly that is what I am saying that the lawyers should have taken her income and living expenses into account and they didn't because then we would have to go to court and my lawyer said just pay it because going to court will cost you more in the end............but the way I see how so?

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      • #18
        Sounds like your lawyer is not interested in your best interest, or the child's. He may be right about it costing you more though.

        You can easily bring a motion to vary your section 7 support, and then use her receipts that she blocked out to show the difficulty you are having.

        I would ask to have a judge determine which activities the child must register for, and see if he is able to reduce the number of these activities.

        I would keep the support issues apart from the access issues, as you do not want to seem to be trying to reduce your support because of access.

        What kind of access is granted by the current order? If she is not providing access according to the order, then you can bring forward a motion for contempt, and force her to provide access. This may be the best time to discuss the number of activities your child is in.

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        • #19
          Originally posted by blinkandimgone View Post
          If she doesn't provide you with receipts for section 7 expenses I don't believe you're obligated to pay based on her say so. IMO, don't pay ANY expenses that aren't accompanied by a reciept.
          Not quite...if ordered, you have to pay. The NCP should ask for receipt...If a standard non-specific clause, you can argue that a) you have not received a receipt of expense, and b) that expense is not extraordinary...depending on situation. A custodial parent must inform the other parent of intent to incur said expense (unless daycare, medical or dental) prior to starting it...allowing the NCP to disagree with it up front...

          It is not a CP unilateral decision.

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          • #20
            Originally posted by oakley View Post
            She sent in to the lawyers some reciepts but she blocks out the location, time etc. so I don't know where it is, so in relaity since I don't see my son I don't even know if he attends or not.
            Whose receipts do you think she'd be sending in? Seriously?

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            • #21
              Originally posted by InterprovincialParents View Post
              Not quite...if ordered, you have to pay. The NCP should ask for receipt...If a standard non-specific clause, you can argue that a) you have not received a receipt of expense, and b) that expense is not extraordinary...depending on situation. A custodial parent must inform the other parent of intent to incur said expense (unless daycare, medical or dental) prior to starting it...allowing the NCP to disagree with it up front...

              It is not a CP unilateral decision.
              Shouldn't it be written into the agreement that the receipts be provided in order for the other parent to pay their share? I assumed that was standard.

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              • #22
                It is not always...and has only begun to be...so any orders pre-2005 are ambiguous

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                • #23
                  not all, but an awful lot

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                  • #24
                    Originally posted by InterprovincialParents View Post
                    Originally Posted by oakley
                    She sent in to the lawyers some reciepts but she blocks out the location, time etc. so I don't know where it is, so in relaity since I don't see my son I don't even know if he attends or not.
                    Whose receipts do you think she'd be sending in? Seriously?
                    She could be sending in old receipts or duplicate receipts or otherwise falsified if she's blocking out info such as date/time/location. That sounds fishy to me. Try sending in recipts like that to CRA and see if they accept them. If the receipts are valid costs then what does she have to hide?

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                    • #25
                      Originally posted by blinkandimgone View Post
                      She could be sending in old receipts or duplicate receipts or otherwise falsified if she's blocking out info such as date/time/location. That sounds fishy to me. Try sending in recipts like that to CRA and see if they accept them. If the receipts are valid costs then what does she have to hide?
                      We get the same from hubby's ex...and we are still required to pay...fishy or otherwise...her reason? "This person does not wish to be involved in our dispute" "The preschool does not want you contacting them" "It is none of your business where her soccer association is!"

                      All they show is child's name, year of activity (ie, Soccer 2010), and amount.

                      CRA, of course, gets the full version.

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                      • #26
                        And the courts allow that BS???

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                        • #27
                          lol...tough to argue each little thing interprovincially

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                          • #28
                            It is a slap on the wrist...

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                            • #29
                              That's insane that people get away with that nonsense. *ugh*

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                              • #30
                                We pick and choose our battles very carefully, and save the rest as evidence

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