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  • S.7 non payment

    Ex is now saying she can't afford to pay her share of summer camp and activities.
    Her suggestion is that her sister will watch the kids. But they live in Toronto and we live in brampton. We all live, work, go to school and have activities in Brampton. It will not make sense to travel to Toronto for daycare.

    Is it her responsibility, under s.7, to pay her share as she has been doing this far? Is it worth going to court for aprox $2500.
    I can't afford the entire cost of camp and court. What if she realizes and starts doing this all the time. Is it best to go to court to prevent this?

  • #2
    Can you self rep at court and ask for an enforcement order.? Problem is that you would have to fork out the money for camp yourself and wait and see if enforcement was successful.

    Comment


    • #3
      Originally posted by Stillbreathing View Post
      Can you self rep at court and ask for an enforcement order.? Problem is that you would have to fork out the money for camp yourself and wait and see if enforcement was successful.
      I will definitely try and self rep. Do you know how successful enforcement orders usually are?

      I hope she realizes it will cost her more, if retains counsel, to go to court then pay $1000 for her children.

      Comment


      • #4
        Originally posted by leavingthestation View Post
        Ex is now saying she can't afford to pay her share of summer camp and activities.
        Her suggestion is that her sister will watch the kids. But they live in Toronto and we live in brampton. We all live, work, go to school and have activities in Brampton. It will not make sense to travel to Toronto for daycare.

        Find three quotes for daycare costs in Brampton. Ex is responsible for her portion of the cheapest quote.


        eg. You owe 60% of S7.


        Camp: $2500
        Rusty Daycare Inc: $1400


        She owes 40% of $1400: $560
        You pay: $1940

        Comment


        • #5
          Originally posted by Janus View Post
          Find three quotes for daycare costs in Brampton. Ex is responsible for her portion of the cheapest quote.


          eg. You owe 60% of S7.


          Camp: $2500
          Rusty Daycare Inc: $1400


          She owes 40% of $1400: $560
          You pay: $1940
          I have suggested alternative arrangements to lower the costs but I keep getting the "I can't afford it" routine.

          Comment


          • #6
            What's her access/your access in the summer months like? If the weeks are split perhaps you arrange/pay for daycare on your weeks and leave it up to her to arrange day care for her weeks? If you have the child all the time you may end up eating the costs.
            Before going to court consider if the costs you are asking are reasonable. As Janus suggest you may only get a portion of what the courts deem to be reasonable.....not what you actually pay. (Ie I can put my kid in $1000/wk camp, but the going rate for child care is $250/wk....so the courts may only award me a portion of the $250)
            Also be prepared for less than half, if she submits her income as less than your income the courts may award her a smaller percentage of the S7 expenses despite whatever custody access.
            And in the end remember that you can't get blood from a stone.....you may find you go through all of this and she still refuses to pay, unless she is paying Child support forcing payment is difficult....or she may workout a repayment schedule that could be like $20/month for X number of months)
            Its a rock and a hard place situation for sure.

            Comment


            • #7
              Originally posted by youngdad91 View Post
              I believe that meant $940.

              Nope, my point was that you send the kid to the $2500 camp, but you only get the proportionate S7 payment for the $1400 rusty nail daycare inc. facility, which worked out to $560 in my hypothetical example. So you still have to pay about $2000 for the camp.


              It is like building a fence with a reluctant neighbor. You can build a top notch fence, but the neighbor only has to pay for half of the cheapest fence possible.

              Originally posted by leavingthestation
              I have suggested alternative arrangements to lower the costs but I keep getting the "I can't afford it" routine.


              Try the following steps:


              1) Look up the 3 daycares
              2) Ask for your share
              3) When she declines go to court


              What else do you want? She doesn't want to pay. Court exists to get people to do things they don't want to do. You want her to do something she does not want to do. You need court.

              Comment


              • #8
                So, our agreement states that we both have to agree to enroll children in an activity.

                My ex agreed to enroll the kids in sports this summer....but surprise, surprise....she doesn t want to pay her share.

                So she doesn t want to pay for camp/daycare and she doesn't want to pay for sports.

                If there is an increase in cs can I say I can't afford it and not pay?

                Comment


                • #9
                  Originally posted by leavingthestation View Post
                  So she doesn t want to pay for camp/daycare and she doesn't want to pay for sports.

                  Daycare does not generally require agreement. It is a mandatory S7 expense.


                  If there is an increase in cs can I say I can't afford it and not pay?
                  Who is paying what and how much to which person? I've lost track. Anyhow, blaming CS for anything is a non-starter.

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                  • #10
                    How old are the kids? The key question to ask. If > 12 you have a problem. It isn't "mandatory" per-say as an S.7 expense.

                    Comment


                    • #11
                      Originally posted by Janus View Post
                      Daycare does not generally require agreement. It is a mandatory S7 expense.



                      Who is paying what and how much to which person? I've lost track. Anyhow, blaming CS for anything is a non-starter.
                      I'm not blaming cs.
                      What I said was can I say I can't afford a cs increase like she is saying she can't afford daycare/camp and sports.
                      I was being a bit sarcastic.

                      Comment


                      • #12
                        Originally posted by Tayken View Post
                        How old are the kids? The key question to ask. If > 12 you have a problem. It isn't "mandatory" per-say as an S.7 expense.
                        All children <12

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                        • #13
                          Originally posted by leavingthestation View Post
                          All children <12
                          All children are <12

                          Comment


                          • #14
                            Originally posted by youngdad91 View Post
                            False. It has to be proven bests interests of child.

                            Child care for employment purposes is presumed to be in the best interests of the child.


                            In my case, I never paid a dime and mom finally gave up and pulled child out of daycare
                            If somebody said "I never paid child support, and eventually mom just gave up asking", would that mean that child support was not mandatory?

                            Also, how S7 works is that MOM has to PAY first, and then SEEK reimbursement from YOU. YOU don't just pay your share hoping she will enroll child.
                            Agreed. Mom enrolls kid in daycare. Shows receipts, and then is reimbursed by dad as an S7 expense.


                            Also you can't claim taxes, that mom claims. You have to deduct those from the payments you give to mom as well.
                            Also true, it is the net cost of daycare that is the S7 expense.

                            IF any parent refused to pay, you get your money back from the vendor.
                            huh?

                            Comment


                            • #15
                              Originally posted by leavingthestation View Post
                              I'm not blaming cs.
                              What I said was can I say I can't afford a cs increase like she is saying she can't afford daycare/camp and sports.


                              CS is based off your income. It is presumed that you can afford to pay CS.

                              Comment

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