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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 06-09-2014, 11:22 AM
OntarioDaddyMan OntarioDaddyMan is offline
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Yikes. But are these extra curricular activities that they did prior to separation?

Clearly the judge would have to consider what $$$ is available.

You think a judge would rule the ex way and force me to sell my car, sell my house so that the ex can do as she pleases?


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  #12  
Old 06-09-2014, 11:45 AM
thefunone thefunone is offline
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S11 has always played hockey in the winter and soccer in the summer- D8 has been introduced to jiu jitsu about two mths ago...ex now gets 4800.00/yr (my contribution) to put them into whatever she wants.

Apparently the arbitrator felt that I could make 'more' money as I was imputed with making 7K in overtime annually..(but that's another story)

Hopefully your judge will determine that your 'ability to pay' is minimal...but as is so often mentioned - this is about the kids and not mom and dad.
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  #13  
Old 06-09-2014, 12:09 PM
HammerDad HammerDad is offline
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Above what the others have said about house league, the fact that you didn't get the ex's consent to the expense prior to registering for the activity, will also likely come back to bite you.

You said he was aware of your intention to register eventually. But whether or the ex is able and prepared to pay now, you have no idea about, as you never asked the question. You used what you believe is your ability to make these decisions thanks to sole custody, but unfortunately you are wrong. Sole custody only allows you to make unilateral decisions on the health, education and religion of the child(ren). It doesn't provide that the ex shall be responsible for costs on expenses you unilaterally decide.
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  #14  
Old 06-09-2014, 12:43 PM
dad2bandm dad2bandm is offline
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Quote:
Originally Posted by motherbear4 View Post
...
My ex and I have a final court order that states I have sole custody and if we are unable to agree on Section 7 expenses, I have "final decision making authority" (exact wording)...
This was unclear to me, and it would be interesting to see the exact wording of the section 7 expenses clause (if any), to see if it was worded this way. That would be horrible wording of the clause, if so.

Sounds like (as others are suspecting as well), that you have mention of section 7 expenses in your order, but then are using another part of your order (sole custody), to refer to the "final decision making authority".
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  #15  
Old 06-10-2014, 09:37 AM
motherbear4 motherbear4 is offline
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Hi everyone -- thank you so much for your input, whether its what I want to hear or not. Section 7 is a horrible grey area.

dad2bandm and HammerDad -- the exact wording in our court order is as follow:

The Respondent Mother shall have sole custody of the children but shall consult in a meaningful fashion with the Applicant in relation to all matters pertaining to one or both child's health, education, religion, and extra curricular activities. If the parties cannot agree the Respondent Mother shall have final decision making authority, subject to any court order.

Thoughts?
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  #16  
Old 06-10-2014, 09:54 AM
Berner_Faith Berner_Faith is offline
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It states 'extra circular' not extraordinary. Two very separate things. Most time extra curricular activities are not deemed S7 expenses, which means they are covered under CS.

What does your order say regarding S7 or extraordinary expenses?
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  #17  
Old 06-10-2014, 10:44 AM
thefunone thefunone is offline
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In my Arbitrated ruling - I pay the money - and all she has to do is advise me of the activities the kids are put into.
Due to the fact that my ex wanted them in 'this' activity and I suggested 'that' or my ex wanted a $500.00 summer camp - I wanted $250.00...the level of debate and frustration ended with it being ruled that I have no say in what the kids get put into.
It's unfortunate that the S7 couldn't get more defined...perhaps any activity registration cost over x amount of dollars is deemed S7...
As previously stated - the arbitrator indicated that while the activities my children were involved in were not S7 individually - their totality 'made' them S7.
The lack of a defined set of parameters simply leads to poor misinterpretation and conflict between the parents - thereby resulting in more litigation (and money that COULD be spent towards activities)...a vicious circle
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  #18  
Old 06-10-2014, 11:08 AM
HammerDad HammerDad is offline
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Looking at the wording, I would say you have the authority to register the kids in activities, but would question whether you followed the first part of the clause:

Quote:
but shall consult in a meaningful fashion with the Applicant
If you didn't consult with your ex, you didn't meet the test. Further, as Berner Faith mentioned, it doesn't speak to s7 expenses and how they are to be determined. There may be another clause that speaks to s7 expenses and how they are defined/determined. But this clause speaks to ability to register for activities, I don't see how it binds the other party to contributing, especially if you didn't ask first.
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  #19  
Old 06-10-2014, 11:17 AM
thefunone thefunone is offline
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Meaningful can simply be...I emailed him - advised him that the children wished to partake in 'x activity' - gave him notice that the registration was due in two months - that the registration was 'x amount'...
If she does this - and as long as the activity is not over the top - her ex will be required to contribute.
That said - if she goes and registers them in 15 things without having a defined S7 contribution plan from the courts - she may get stuck with the costs...at least until something in writing is awarded by the court.
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