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    My ex makes 55,000 a year. No auto, gas, or auto insurance to worry about. Despite what my lawyer said I was willing to accept the 1,200 a month child/spousal support as long as he paid for extras for the kids such as recreational sports,activities etc. The amount is close to what I would get for the 3 of us (5 and 10yrs old) from welfare. I asked him for $100 to help me get school clothes. This is after not sending info to the govt so I could get my baby bonus for the month so I could get clothes. I was told the money for child support was for food and clothing and thats all I was getting. This is in part because I took the kids away for a 2 day vacation for the first time in their lives after saving for a year. They have been in therapy for a year to fix some damage done by his verbal and emotional abuse. I have MS and can't work right now very much, partly because of the stress that is big factor in relapsing into attacks. I do not have a signed separation agreement and I know now that trying to be nice and keep him calm is not working and I will protect myself and the kids from now on. But... is there a law or provision that is out there for extra financial circumstances above normal support amts such as school clothing? I would like to have this info before I talk to my lawyer.

  • #2
    raindrop,

    as you mentioned

    But... is there a law or provision that is out there for extra financial circumstances above normal support amts such as school clothing?
    The payable child support received is intended to cover the cost of the child's clothing. Back to school clothing would not be considered section 7 extra curricular expenses. Other items that would be considered reasonable expenses are dental costs, post secondary expenses, day care, music lessons, sports etc and these section 7 expenses are shared on a prorated basis reflecting their respective incomes.

    For 1 children, using 55K as a reference against the child support guidelines; the table amount of child support is $827.
    http://www.e-laws.gov.on.ca/DBLaws/R...h/970391_e.htm

    lv

    Comment


    • #3
      As LV stated, clothing comes out of child support. There is no top up for expenses like that. Lets explore your income with sole-access and shared (50-50) access.

      Full Access to You.

      GST/HST Rebate: You get 100% of that.
      CTB: You get 100% of that. Probably about $200 per month?
      UCCB: You get 100% of that until your youngest is 6. So that is $100 per month.
      Equivalent to Spouse Deduction: 100% of that.
      Disability Income: ??
      Work Income:??
      Welfare: ??
      Child Support: $827
      Spousal Support: ??

      So not knowing your situation your income is coming in around the 10K to 15K without support? CS adds in another 10K tax free. You are though 100% responsible for basically all the day-to-day stuff like clothes, etc. Technically you are also responsible for a reasonable amount of extra expenses (section 7.). Not big things like daycare, but normal things like a lesson here or there. This was just clarified in the May 2006 Child Support Guidelines. But section 7 is always contentious. Your mileage may vary.

      Shared Access Between You and Your Ex.

      GST/HST Rebate: You get 100% of that.
      CTB: You get 50% of that if your ex applied, otherwise 100% if not.
      UCCB: You get 50% of that if your ex applied, otherwise 100% if not.
      Equivalent to Spouse Deduction: 100% of that.
      Disability Income: ??
      Work Income:??
      Welfare: ??
      Child Support: You would get 50% to 100% of $827 depending on the judge.
      Spousal Support: ??

      You would though be offsetting 50% of the day-to-day costs to your ex. Things like food, washing, and incidentals. If it evens out, might be worth it.

      Spousal Support will depend. They can take up to 50-60% of net income. Your ex nets about $3400 per month. 50% would be 1700 to you. Minus $827 leaves a range from $0 to $900 for SS. But due to taxes, your income, etc., etc., $400 - $500 would be okay. You have to play with some numbers. Your ex picking up some section 7 would make $1200 okay.

      You have three routes:

      1) Figure this out yourself. Cost: Free. Then get a lawyer just to check things over.
      2) Use mediation. Cost: About $250 an hour. Split the cost. Do as much yourselves as possible.
      3) Court. Cost: Expensive. And the results are going to be close anyway.

      Comment

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