Section 7

[hjcfz750]

I have medical and dental insurance through my work so no issue. I pay my support. My daughter takes benedry for a skin disease so she goes through a bottle of benedryl monthly with her school. Mom wants me to pay for over the counter medicine i said i think this is what child support is supposed to support. She claims it is a section 7 expense. Is it?

[MS Mom]

I have medical and dental insurance through my work so no issue. I pay my support. My daughter takes benedry for a skin disease so she goes through a bottle of benedryl monthly with her school. Mom wants me to pay for over the counter medicine i said i think this is what child support is supposed to support. She claims it is a section 7 expense. Is it?

What kind of money are we talking about here? $20 a month?

[karmaseeker]

I agree that is what child support is for.

Since you have insurance, I suggest getting an appointment with a Naturopath to see if there are alternative treatments. I don't imagine a bottle of Benydryl per month is good. You might find other treatments? What is the skin disease?

[hjcfz750]

Not even, it isn't the cost of the bottle of medicine at issue, it's where do you draw the line, give in to 5.00 bucks and then next issue its 50.00 and so on. I agree i am not happy with the amount given, however I have talked with her doctor and he said if it makes mom happy then give it to her, her body will take what it needs and expel the rest, she has Mastocytosis.

[MS Mom]

Not even, it isn't the cost of the bottle of medicine at issue, it's where do you draw the line, give in to 5.00 bucks and then next issue its 50.00 and so on. I agree i am not happy with the amount given, however I have talked with her daughter and he said if it makes mom happy then give it to her, her body will take what it needs and expell the rest, she has Mastocytosis.

Agree 100%. If it were $100 a bottle and mom was in dire straits...maybe, but, the average meds are covered with your child support. And, the line does need to be drawn. Your ex shouldn't even be asking for it in my opinion. The child also shouldn't be involved. She just needs her meds and all she should know is that she has them. Nothing else.

[hjcfz750]

I agree and against my lawyers advice i took a bottle to her school, unfortunately my 9 year old is used as a pawn so I refuse to play that game. The fraud thing doesn't surprise me, I have had the police here from a cyber tip of child exploration along with CAS both cases closed no issue with the care of my child, then I had the Human Society here for animal abuse because my 79 year old mother fed my dog a grape, did you know grapes and raisins were poisons to dogs, worker was in my house 5 minutes and closed the case. Sorry i am starting to rant , bitter just want to move on with my life yet there is always an issue, not all dad's are dead beats and there are some really mean vindictive women. lol, hope your having a good night. MS mom does your child have an issue.

[karmaseeker]

I certainly don't mean to interject or offer unsolicited advice but you might want to do your your own research on the inactive ingredients in Benedryl. (Specifically,D&C red No.33, FD&C red No. 40, glycerine, poloxamer 407, sodium benzoate, sodium chloride, & sodium citrate & sucrose. These are all highly toxic and linked to cancer. I work with Cancer patients. Yes her body will rid itself however, the amount that she is taking is heavily taxing her liver. If she is going to continue using this you might want to consider at least assisting the liver detoxify with lots of lemon water, dandelion tea with raw honey & lemon (cause it tastes like dirt).

Doctors are only people. They know a lot about somethings but they don't know everything. Do your own research. JMO

Best wishes!!!

PS. best of luck with the vindictive ex. I feel for you. Crap isn't it!

[hjcfz750]

Thanks for the advice i agree that my child does not need this , however her mother is an expert she directs the specialists on what and when is needed. When I did not follow Moms instructions it was hell , I was neglecting my child , she wont come, she only has reactions at your home and on and on etc. We have a contact whom has this disease and is a registered nurse so i usually run ideas by her first. Sorry off topic for section 7 expenses.

Can anyone confirm if I do not agree with her putting my child in before and after school care even though she is off on stress leave from the Federal Government and does not work and can be home for my child is this something I have to pay or can I argue there is no need for care before and after school my daughter is 9.

[karmaseeker]

You don't need to agree to anything. But my experience is judges are like playing Russian roulette. Your argument would be based on it not being necessary because she is not working. Not the 9 year argument. 10 is considered old enough to be left alone so they would not deem that in the best interest of the child.

My experience in dealing with crazy exes is this.. Stick to the facts, find laws to back you up. Give your answer in short messages. And disengage in the banter.

Get to know the family law act, the family law rules, the children and family act, and the divorce act like the back of your hand.

Taken from the family law act:


Special or extraordinary expenses
7. (1) In an order for the support of a child, the court may, on the request of either parent or spouse or of an applicant under section 33 of the Act, 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 parents or spouses and those of the child and to the spending pattern of the parents or spouses in respect of the child during cohabitation:
(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, 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. O. Reg. 391/97, s. 7 (1); O. Reg. 446/01, s. 2.
Definition, “extraordinary expenses”
(1.1) For the purposes of clauses (1) (d) and (f),
“extraordinary expenses” means
(a) expenses that exceed those that the parent or spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that parent’s or spouse’s income and the amount that the parent or spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate, or
(b) where clause (a) is not applicable, expenses that the court considers are extraordinary taking into account,
(i) the amount of the expense in relation to the income of the parent or spouse requesting the amount, including the amount that the parent or spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate,
(ii) the nature and number of the educational programs and extracurricular activities,
(iii) any special needs and talents of the child,
(iv) the overall cost of the programs and activities, and
(v) any other similar factors that the court considers relevant. O. Reg. 102/06, s. 1.
Sharing of expense
(2) The guiding principle in determining the amount of an expense referred to in subsection (1) is that the expense is shared by the parents or spouses in proportion to their respective incomes after deducting from the expense, the contribution, if any, from the child. O. Reg. 391/97, s. 7 (2).
Subsidies, tax deductions, etc.
(3) Subject to subsection (4), in determining the amount of an expense referred to in subsection (1), the court must take into account any subsidies, benefits or income tax deductions or credits relating to the expense, and any eligibility to claim a subsidy, benefit or income tax deduction or credit relating to the expense. O. Reg. 159/07, s. 2.
Universal child care benefit
(4) In determining the amount of an expense referred to in subsection (1), the court shall not take into account any universal child care benefit or any eligibility to claim that benefit. O. Reg. 159/07, s. 2.
Split custody
8. Where each parent or spouse has custody of one or more children, the amount of an order for the support of a child is the difference between the amount that each parent or spouse would otherwise pay if such an order were sought against each of the parents or spouses. O. Reg. 391/97, s. 8.
Shared custody
9. Where a parent or spouse exercises a right of access to, or has physical custody of, a child for not less than 40 per cent of the time over the course of a year, the amount of the order for the support of a child must be determined by taking into account,
(a) the amounts set out in the applicable tables for each of the parents or spouses;
(b) the increased costs of shared custody arrangements; and
(c) the condition, means, needs and other circumstances of each parent or spouse and of any child for whom support is sought. O. Reg. 391/97, s. 9.



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[hjcfz750]

Thanks for the advice and I agree, I have been reading and researching and even wiith a lawyer I still feel I was not given the best defense , but i agree at the case conference I said maybe two words, then my lawyer not much, my ex who represented herself went on and on and was either cut off by the judge or corrected or in my opinion warned her the case was weak, however when i spoke to her after in her mind she had won and it all went her way. i agree its a crap shot, but at least how ever way it plays out i can hold my head high and at least know in my mind and my peers I am a good person and it is the system that is broken.

[karmaseeker]

Ps. Lawyers just eat your money and fail all the time. We fired ours ages ago.


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[standing on the sidelines]

your ex likes to think she is always in control so she heard what she wanted at the meeting. Anyone telling her that she isn't right etc she would probably just ignore because how could she be wrong.

[karmaseeker]

your ex likes to think she is always in control so she heard what she wanted at the meeting. Anyone telling her that she isn't right etc she would probably just ignore because how could she be wrong.

Do I hear a hallelujah!


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[Serene]

Can anyone confirm if I do not agree with her putting my child in before and after school care even though she is off on stress leave from the Federal Government and does not work and can be home for my child is this something I have to pay or can I argue there is no need for care before and after school my daughter is 9.

Absolutely not you don't have to agree AND it is in contravention of the divorce act:

Maximum contact

(10) In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.


Divorce Act

[Serene]

BTW, you said you do pay support in this thread and in another you state that mom is saying you have 19K in arrears. It would be helpful if you made the connection - either you are or you haven't paid.

In the event you haven't paid - why not? That is the information we need to give you the advice you need and to assist you in pointing you in the right direction.