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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11  
Old 09-24-2010, 02:15 PM
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If she doesn't provide you with receipts for section 7 expenses I don't believe you're obligated to pay based on her say so. IMO, don't pay ANY expenses that aren't accompanied by a reciept.
  #12  
Old 09-24-2010, 04:29 PM
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I would go further and say that in addition to needing to see a receipt for the section 7 activities, that you be only held accountable for those you agree to pay for in advance. I thought that requirement was pretty standard for custody agreements, so go back and check yours! If it's not in there, file a motion to have that changed, as it's completely unreasonable, as you have been experiencing!

Stop paying blind!
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Old 09-24-2010, 04:36 PM
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You need to get back to court and have the section 7 issues revisited. She is required to provide her financial disclosure, and you will need to do the same. The number and expenses of the extra activities will be discussed, and a judge will make a determination on what expenses are section 7 and which ones are not. A judge may also consider the number of activities, and force her to drop some of the activities, or remove your obligation to fund some of them. Often section 7 expenses are based on a need vs ability scale, and if there is not enough income, then there is a reduced ability.

The equalization payments may be a lost cause for you. How were they calculated, and was it done by consent or was it done at a hearing?

As for not paying for the section 7, it depends on how the order is worded. If it says he must pay a certain amount, then he is stuck paying it, until he gets the order changed.

However if it just says he must pay based on receipts, then only pay if you see receipts.

Last edited by rwm1273; 09-24-2010 at 04:45 PM.
  #14  
Old 09-24-2010, 04:55 PM
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Sorry for confusing you, but I only gave that info about PA and what she walked out with for background, I have no intention of using that as the basis to reduce CS.

What I am trying to say is based on her living expenses(she has none) and how much money she makes and her savings etc. and based on my living expenses and my income and savings, my debt(materimontial debts) (she is debt free) and dependants are they a basis to file a claim for reduction? and can I file on my own withou using a lawyer?
  #15  
Old 09-24-2010, 05:02 PM
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You can represent yourself, and many do very well. If you can't afford a lawyer, but still need some advise and assistance with the documents, you can hire a paralegal.

Her income and expenses have no bearing on your child support calculations. The only time her income and expenses play any role in calculating your child support is when it comes to section 7 claims.

If you are stuck with a large amount of matrimonial debt, you may make a claim for a reduction based on hardship. It is not very easy to win.
  #16  
Old 09-24-2010, 05:05 PM
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See the thing is that she does have the income because she has no living expenses, no rent and gets an income and gets child support so she can afford to put my son in all those activites, but its me that cannot afford it because I have living expenses, rent etc, pay CS etc.

She sent in to the lawyers some reciepts but she blocks out the location, time etc. so I don't know where it is, so in relaity since I don't see my son I don't even know if he attends or not. Plus bottom line for a grade 8 student to have an activity every night and most all day saturday in not healthy or required. But how do I make the lawyers and my ex and the courts see it. What can be done to put an end to this, The lawyers are forcing me to pay $350.00 until he turns 18 , the same amount as part of the divorce settlement, regardless if his activites exist, change or not..................
  #17  
Old 09-24-2010, 05:07 PM
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Exactly that is what I am saying that the lawyers should have taken her income and living expenses into account and they didn't because then we would have to go to court and my lawyer said just pay it because going to court will cost you more in the end............but the way I see how so?
  #18  
Old 09-24-2010, 05:16 PM
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Sounds like your lawyer is not interested in your best interest, or the child's. He may be right about it costing you more though.

You can easily bring a motion to vary your section 7 support, and then use her receipts that she blocked out to show the difficulty you are having.

I would ask to have a judge determine which activities the child must register for, and see if he is able to reduce the number of these activities.

I would keep the support issues apart from the access issues, as you do not want to seem to be trying to reduce your support because of access.

What kind of access is granted by the current order? If she is not providing access according to the order, then you can bring forward a motion for contempt, and force her to provide access. This may be the best time to discuss the number of activities your child is in.
  #19  
Old 09-24-2010, 08:44 PM
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Quote:
Originally Posted by blinkandimgone View Post
If she doesn't provide you with receipts for section 7 expenses I don't believe you're obligated to pay based on her say so. IMO, don't pay ANY expenses that aren't accompanied by a reciept.
Not quite...if ordered, you have to pay. The NCP should ask for receipt...If a standard non-specific clause, you can argue that a) you have not received a receipt of expense, and b) that expense is not extraordinary...depending on situation. A custodial parent must inform the other parent of intent to incur said expense (unless daycare, medical or dental) prior to starting it...allowing the NCP to disagree with it up front...

It is not a CP unilateral decision.
  #20  
Old 09-24-2010, 08:47 PM
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Quote:
Originally Posted by oakley View Post
She sent in to the lawyers some reciepts but she blocks out the location, time etc. so I don't know where it is, so in relaity since I don't see my son I don't even know if he attends or not.
Whose receipts do you think she'd be sending in? Seriously?
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