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  • Section 7 Expectations

    I'm somewhat familiar with the case law regarding Section 7 expenses...specifically that the expenses must be reasonably affordable by each parent, but not sure if it actually plays out like that in the real world. As an example:

    Ex is the sole custodian and was staying home with the children (4 and 2) until this year when she decided to go back to college. My oldest child is in a J/K program, whereas my youngest has been put in child care at a rate of approximately $800 per month.

    I pay full guideline child support. After rent, student loans, and misc expenses I have about $700 to put towards section 7 each month (reflected in my financial statement submitted to the family court).

    Ex has sent a request over to my lawyer indicating the monthly cost of my youngest's child care, and also states that my oldest requires after school supervision at a cost of approximately $800 per month. So around $1600 in total has been requested per Section 7.

    Can I be forced by the courts to find a second job in order to cover the entirety of these expenses, or will my ex be expected to find a job in addition to her college studies so she may pay her fair share?

  • #2
    If shes not working and attending school she may be eligible for subsidized care? Might be worth looking in to.

    Im not sure about care for going to school but daycare for work is a section 7 expense. $200 a week for full time care is normal. Part time rates for two to three days a week runs anywhere from $35-50 per day.

    You might ask her about care options and how to reduce the expenses. Is there a "proportionate share" calculation? You also only pay your portion of the net cost.

    Comment


    • #3
      Originally posted by rockscan View Post
      If shes not working and attending school she may be eligible for subsidized care? Might be worth looking in to.

      Im not sure about care for going to school but daycare for work is a section 7 expense. $200 a week for full time care is normal. Part time rates for two to three days a week runs anywhere from $35-50 per day.

      You might ask her about care options and how to reduce the expenses. Is there a "proportionate share" calculation? You also only pay your portion of the net cost.
      This is unfortunately a high conflict custody dispute, so she is not open to suggestions such as obtaining subsidy (which I believe she is eligible for). A judge will likely be required to make a call on this.

      For the sake of argument, let's say she refuses to apply for subsidy, and continues to request that I cover all the child care expenses, which are clearly not within my means. Would a judge order her to apply for subsidy and/or pursue part-time / full-time employment? This seems like a fuzzy subject.

      Comment


      • #4
        So I have been to 2 Canandian colleges, had 1 of my own daughters attend 2 colleges and also I have taught at our local college and none of these colleges offer programmes which require a student to attend classes 5 days per week. I believe the average course load is 24 hours.

        So

        1. I would want your ex to provide you with her course load timetable so you can see when she actually requires daycare because she is attending classes.

        2 Most Ontario communities offer jsubsidies for daycare, in fact many colleges have daycare facilities.

        3. Why does she have sole custody? Are you uninterested or unable to provide care for your children. If so. Perhaps you can step up and work out a schedule to take some of the time required for her to attend classes.

        I raised 3 children actually was pregnant during the school year with 2 of them and attended full time university.

        Oh I know I am old but you are not helpless. Figure out a way to make this work instead of throwing g money at everything.

        Comment


        • #5
          Originally posted by Beachnana View Post
          So I have been to 2 Canandian colleges, had 1 of my own daughters attend 2 colleges and also I have taught at our local college and none of these colleges offer programmes which require a student to attend classes 5 days per week. I believe the average course load is 24 hours.

          So

          1. I would want your ex to provide you with her course load timetable so you can see when she actually requires daycare because she is attending classes.

          2 Most Ontario communities offer subsidies for daycare, in fact many colleges have daycare facilities.

          3. Why does she have sole custody? Are you uninterested or unable to provide care for your children. If so. Perhaps you can step up and work out a schedule to take some of the time required for her to attend classes.

          I raised 3 children actually was pregnant during the school year with 2 of them and attended full time university.

          Oh I know I am old but you are not helpless. Figure out a way to make this work instead of throwing g money at everything.
          I'll try to answer your questions without going too far off topic. For more details regarding the specifics of my situation, please read my thread here:

          http://www.ottawadivorce.com/forum/f...-record-17460/

          1. This is a great suggestion.

          2. I have contacted our region's subsidy office and they also believe she is eligible for subsidy. I am not sure if the college she is attending offers care facilities.

          Needless to say this will likely be decided in front of a judge. It's been nearly impossible to get any cooperation from her and her counsel. Just need to know what to expect. I don't mind picking up another job to make sure my kids are taken care of, but I also believe in the fairness of sharing the expense.

          I admire your fortitude. It's hard enough getting through school as it is. I could not imagine doing it while pregnant.
          Last edited by ninehundredt; 02-19-2016, 11:04 PM.

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          • #6
            Adding more income just means more cs. You may lose the extra money you gain from working.

            I would request a schedule of when she needs care. Then I would look at options for care (subsidy etc). Then make an offer.

            Comment


            • #7
              Check with your ex's educational institution (student services) and find out what child care if available? Information should be available on-line.

              Might be a fast-track for affordable child care. Worth checking out.

              Comment


              • #8
                Ninehundredt. I re read your thread and now remember the situation which I am appalled at. What a mean b"%#%^^*.

                Daycare is calculated net of taxes. So a monthly invoice of $800 is minus the tax rate refund Mom will receive. Say 24% which I believe is the low end as she has no income.

                Then both your income are taken into consideration which as you state would mean you would be on the hock for the amount.

                So I think you need to get solid information on availability of subsidize day care which for her income would be significant.

                Then investigate her college course load. Do you know what course she is registered for? Timetables are easy to acquire from the registrars office with a little bit of effort.

                Then once you have the information make the calculations and present in an clear organized format.

                A summarized page with references to details. Judges do not want to read much.

                What sort of access do you have now? Can your access time tie in with her child care needs.

                Remember childcare is for the purpose of attending classes, not self driven studying. Not in class not covered for daycare. Subsidized daycare will monitor this strictly.

                Good luck.

                Comment

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