Announcement

Collapse
No announcement yet.

Car Insurance

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Car Insurance

    If child is not currently attending university, is 18, but can't work due to addiction (has been in rehab twice already) would their car insurance be considered section 7? My understanding right now, is child is not insured on their mother's policy because of the addiction and high risk of driving under the influence. however, I was advised by the mother that once child is eligible to drive again, I would be responsible for a portion of their car insurance regardless of whether child is in school or not. Mother was advised by her lawyer that child's car insurance is section 7. Child is currently still eligible for support as they live in a province where the legal age is 19.

  • #2
    I really think that it isn't. Never listen to what your ex or their "lawyer" say in regards to stuff like this. I bet she threw the lawyer thing in just to scare you. Tell her you want a letter from her "lawyer" stating where it is a section 7. Bet you never get one.



    The child isn't even working so why do they need a car?? They need the transportation to go get their next fix? They want to drive then they can straighten their life out, get a job and pay for it themselves.

    Comment


    • #3
      I would say that it is not s7. S7 is defined as being:


      • 7 (1) In a child support order the court may, on either spouse’s request, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the spouses and those of the child and to the family’s spending pattern prior to the separation:
        • (a) child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;
        • (b) that portion of the medical and dental insurance premiums attributable to the child;
        • (c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;
        • (d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;
        • (e) expenses for post-secondary education; and
        • (f) extraordinary expenses for extracurricular activities


      https://laws-lois.justice.gc.ca/eng/.../FullText.html



      Is car insurance necessary for child care? No, the kid is 18.


      Is it for dental or medical insurance? No. It is car insurance.


      Is it for medical related expenses? Nope.


      Is it for educational purposes? Nope, the kid isn't in school.


      Is it extracurricular activities? Nope, it is simply for driving.


      If the child was using the car for school, than I would lean towards it being s7 as it is a necessity for their education. But as they are not, than it is not s7 as it is a luxury for them to get around.


      The ex and their lawyer may say it is an extraordinary expense, but I would rebut with "extraordinary expenses for extracurricular activities" is what the law provides, and until they can provide evidence as to the extracurricular activities the insurance relates to, then they can get bent.
      Last edited by HammerDad; 07-03-2019, 01:42 PM.

      Comment


      • #4
        It doesn’t matter what province they are in, federal law says 18. The kid is 18 and not in school full time therefore not a child of the marriage. Their expenses are then not eligible since they are not a child of the marriage.

        As Hammerdad said, if the child was going to school and REQUIRED a car to get there (i.e. lived outside the city and could not take the bus) only then would insurance come into play.

        Plus the insurance is more expensive due to kids addiction issues.

        I would be saying no and the response can include that the child is not in school full time and therefore not a child of the marriage and eligible for these expenses. When (kid) is clean and starts attending school full time again, you can discuss funds and expenses at that time.

        Comment


        • #5
          Originally posted by rockscan View Post
          It doesn’t matter what province they are in, federal law says 18. The kid is 18 and not in school full time therefore not a child of the marriage. Their expenses are then not eligible since they are not a child of the marriage.

          I thought that as well, than just read the Manitoba, Quebec and NB all have their own guidelines. I don't know if it applies to age as well.

          Comment


          • #6
            Yeah, NL also considers child a "child of the marriage" until they are 19. I won't be covering it until child is in full-time university and actually attending. child will most likely live at home and public transportation isn't really an option for where they live.

            Comment


            • #7
              You were never married? You are separated but not divorced?

              If you answer no to both questions then the FCSG apply. NL is only different if you answer yes to those. I can’t see anything that says 19.

              Unless kid is in school full time NO expenses are shared unless you agree.

              Comment


              • #8
                Our SA specifically lists car insurance as a section 7 up until the point at which all of the children finish schooling, BUT, had it not been specifically listed I understand it would not have been counted as a section 7. (and, only parts of the agreement have been complied with, so in my case it is a bit of a moot point)

                Comment


                • #9
                  We were married for a short time and been divorced for 10 years. NL's legal age is 19, so they enforce child support until at least then.

                  Comment


                  • #10
                    Originally posted by velas View Post
                    . NL's legal age is 19, so they enforce child support until at least then.
                    Legal age for what?

                    Comment


                    • #11
                      Originally posted by Janus View Post
                      Legal age for what?
                      age of majority.

                      Comment


                      • #12
                        https://www.elections.gov.nl.ca/elec...urces/faq.html

                        Seems like you can vote at 18.

                        I reiterate my query 😏
                        Last edited by Janus; 07-05-2019, 12:56 PM.

                        Comment


                        • #13
                          Originally posted by Janus View Post
                          https://www.elections.gov.nl.ca/elec...urces/faq.html

                          Seems like you can vote at 18.

                          I reiterate my query 😏

                          https://court.nl.ca/supreme/family/child_support.html


                          How long is Child Support paid?

                          Child support is typically payable until the age of majority, which is 19 years of age in Newfoundland and Labrador.
                          Support is normally paid beyond this age if the children continue to be dependent on the parents; reasons for dependency might include that the child is attending post-secondary school (university or college) or that the child is physically or mentally disabled.

                          Comment


                          • #14
                            When I think age of majority, I think vote/kill/sex:

                            1) Can run for office and vote in elections
                            2) Can serve in the army
                            3) Can consent to sexual activity (eg. sex clubs, porn)

                            Are 18 year olds not allowed to do these things in NL?

                            To be honest, I would also think that the purchase of alcohol would be another right you obtain at the age of majority, but that seems to be all over the map, so I'm not sure if that is a good indicator of anything.

                            Comment


                            • #15
                              Originally posted by Janus View Post
                              When I think age of majority, I think vote/kill/sex:

                              So did I until I found that on the NL govt website. It does seem odd IMO to have it at 19 when most of the country has it at 18.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X