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Section 7 and disability defined...

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  • Section 7 and disability defined...

    Hi all,

    My ex is sending our child to before and after school daycare because of the ex's "disability." Her disability amounts to "like a depression" and she is funded by her employer's carrier for LTD. She is effectively a stay at home mom (does not work at all), who seems to require the assistance of daycare because of her "disability"... Here's the best part: Most mornings our child is dropped off by her at school (not even utilizing the AM portion of the daycare fees), and at pick up time in the afternoon, it's all over the clock as to time.

    My question is, is there any case law or precedent with respect to what is a qualifying disability versus a "frivolous" disability as it pertains to Section 7? I think by her pushing it, it becomes a slippery slope in that if she is so disabled to not be able to care for our child during the hours of 8AM to 6PM, how is she able to competently care for our child outside of those hours?...

  • #2
    I think you answered your own question

    Comment


    • #3
      How so?..

      My question in essence, has there been an established definition of "disability" as it pertains to Section 7? Heck, some could claim an addiction to reality-based TV as a disability in this day and age!

      What I'm looking for is something substantiated in statute or recognized definition.

      Comment


      • #4
        I don't know of any LTD insurer in Canada that would pay a claim without verified medical proof of a recognized disability.

        Comment


        • #5
          Childcare costs only need to be paid via section 7 if they are incurred so that the parent can work. As your ex does not work, I don't think you are on the hook for childcare costs at all. Especially as the ex is clearly not even using the childcare most of the time! I would refuse to pay for it.

          I don't think you need case law to prove it. Nothing about section 7 specifically refers to disability of any sort that I'm aware of. The onus should be on her to show that the child care expenses are necessary. Usually this is due to employment requirements. I don't know what argument your ex could use!

          Comment


          • #6
            Originally posted by BluePat View Post
            Hi all,
            I think by her pushing it, it becomes a slippery slope in that if she is so disabled to not be able to care for our child during the hours of 8AM to 6PM, how is she able to competently care for our child outside of those hours?...


            This is what i was referring to

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            • #7
              According to the Child Support Guidelines, Section 7 expenses include

              (a) child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;

              Comment


              • #8
                Was about to post the same thing as Learner ...

                10 yrs ago when ex and I separated one child was in gr 1 and the other in 1/2 day JK .. I also had another child from a previous marriage who was 11. They 4 & 6 yr old went to before/after care while ex & I were working and JK child was in 1/2 day care. I ended up having to have a hysterectomy due to cancer and was off work 6 weeks .. Ex thought since I was "home" I should keep the 4 yr old with me and save on daycare costs ... It simply wasn't possible and a judge agreed.

                I could deal with getting all the boys up, dressed amd out the door to school but i wouldnt have been able to pick up the 4 yr old at 11:30am & entertain/care for him until bedtime ... my mom and older son were there from 5pm onwards that helped tremendously with dinner and evening bedtime routines.

                In the OP's case ... Perhaps he's willing to pick up,the slack and care for the kids ... In my case, ex wasn't willing to do so

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                • #9
                  Thanks everyone for all the replies

                  I feel there is room for questioning the necessity of the daycare on my child's part, as I have gleaned from research that Section 7 places emphasis on what's in the best interest of the child, not what's necessarily best for the parent (i.e. a break from parenting). The way I see it, is it better for the child to be home with mom doing homework, or perhaps helping with chores, or is it a noisy daycare where the supervision is minimal, and it's just disorganized horseplay and goofing?..

                  This one is going to be interesting!

                  Comment


                  • #10
                    I suspect the care needed due to a disability is more for the "I need to put my kid in daycare three half days a week because that's when I go to the hospital for dialysis" sort of situations.

                    Comment


                    • #11
                      Originally posted by BluePat View Post
                      Thanks everyone for all the replies

                      I feel there is room for questioning the necessity of the daycare on my child's part, as I have gleaned from research that Section 7 places emphasis on what's in the best interest of the child, not what's necessarily best for the parent (i.e. a break from parenting). The way I see it, is it better for the child to be home with mom doing homework, or perhaps helping with chores, or is it a noisy daycare where the supervision is minimal, and it's just disorganized horseplay and goofing?..

                      This one is going to be interesting!
                      I might be completely off base here, but being an involved father that I am. I would be thinking about this differently.
                      If mom needs before and after school care for the child because of her disability, I wouldn't be suggesting that it would be better for the children to be home with mom doing homework, or perhaps helping with chores. I would be going in a different direction.

                      This is the way I would look at it.

                      I believe that mom has a valid disability and requires all the help she can get. I am a willing, ready and able to parent of these children, who would love to pick up the children after school and take them to my home to do homework and feed them dinner. I could then either meet at an exchange location after dinner or return them to the school the next day. I understand that mom requires respite. But I believe the children will do better spending time with a parent than at an afterschool care center.
                      It is my goal to work with my ex in a non conflict environment to parent these children into productive members of society. Both of the children’s parents have different strengths and would benefit from accessing the strengths of both parents.
                      Therefore I believe it is in the children’s best interests for me to take them during the time they are in afterschool care. This would further maximize time with both parents and reduce expenses shared with both parents. It’s a win, win, win for everyone, a win for the children, a win for mom and a win for myself.

                      This is only my suggestion.

                      Comment

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