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Section 7. Duty to pay

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  • Section 7. Duty to pay

    Just enquiring..
    70/30 custody. Child support paid to primary parent. Pays on time and in full. Kids always have been in dance and sports. Sec 7 was agreed to but a glitch in the wording says it needs to be agreed to “in advance”. So primary parent paid and asking ex for sec 7 expenses and is told “no, we didn’t agree to it”. This is despite the child being in the same dance class for the last ten years. Dad even accompanied them on a travel dance trip to the USA in the summer so he is fully aware and supportive but not when it comes to paying. What recourse does the parent have to getting their sec 7 expenses. They are quite substantial. Ex thinks they can win and it will be included in the monthly child support. Refuses to listen to lawyer advice.

  • #2
    You will have to file a motion.

    Most agreements say that future expenses will be agreed to in writing in advance. Just because they did it in the past doesn’t mean it can or should continue (don’t blame me it’s the stupid laws).

    You can request it in writing and if he refuses you would have to file a motion to enforce it. He would be stupid to not agree as you could also ask for costs.

    Depends on the situation too though, some parents have been told stuff that was always done while married isn’t section 7 anymore. One mom on here was told no hockey even though kids had been doing it for six years.

    Comment


    • #3
      A motion to enforce is not the same as a motion to change is it? What forms are used for a motion to enforce?

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      • #4
        Status quo is on the side of the activity. The child has participated in it for a long time and the other parent contributed.

        C/S may cover the cost of the activity depending on the income of both parents, the amount of c/s paid and the cost of the activity. For example, $100 would not be s7 for parents that each earn $100k a year, but it would be for parents who each earn $40k annually.

        My daughters dance is about $5500 annually (which is down from over $10k+). I pay 2/3rds due to difference in income. Annually my portion is about $300 a month, which I think given my c/s and my ex's income, makes it borderline s7 but still s7.

        Comment


        • #5
          Originally posted by backinthesaddle View Post
          Sec 7 was agreed to but a glitch in the wording says it needs to be agreed to “in advance”.
          That doesn't sound like a glitch, sounds like a good clause that any sane parent would want in the agreement.

          Dad even accompanied them on a travel dance trip to the USA in the summer so he is fully aware and supportive but not when it comes to paying.
          If my kid is in competitive gymnastics, should I avoid watching her competitions if I feel that it is unaffordable? I may not want her in gymnastics because I feel it sends some lousy body-image messaging to participants, and I may think that the cost is outrageous... but if my daughter was in gymnastics, I would still attend her competitions because I'm still a parent who supports my daughter.

          Don't confuse financial support with moral support. Just because he loves his daughter does not mean that he wants to pay for an activity that sounds extremely expensive. Is your daughter going to have a career on Broadway? If so, get her some scholarships. If not, then I think the Dad should have the right to say that he's not paying for that crap.

          That said, the courts will probably make him pay, but that's mostly because judges are idiots when it comes to S7 rulings.

          What recourse does the parent have to getting their sec 7 expenses. They are quite substantial. Ex thinks they can win and it will be included in the monthly child support. Refuses to listen to lawyer advice.
          Go to court, unfortunately you'll win.

          Comment


          • #6
            Is there a reason that you didn't request in writing? If you had do you think he would have said No?
            Ran into this issue myself. Ex had discussed/prepped/researched a heavy S7 expense - ran it by our child - he loved the idea...then came to me saying this was going to happen and I would need to contribute more S7 monies.
            No prior discussion - no input from me - just notification of this new activity and the expectation of receipt of more money.
            Never happened and was never made to pay as the rules had not been followed.
            This is a reasonable historical expense and yes - he would probably lose in court - but some notification and a request would have been proper. Allow his input as to why he might have to refuse...or maybe he just wants to be part of the decision making process.

            Comment


            • #7
              It sounds like the conversation and notification was ten years ago. Not a new expense and thus no new request for permission is needed. It should be easy to get a settlement if you file in Court as the payor parent is being unreasonable.

              Comment

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