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

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  #1  
Old 09-03-2019, 11:10 AM
pinkmorganite pinkmorganite is offline
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Default Opinions on Bus Pass, is it Section 7?

I searched the forum for "Bus Pass", but nothing came up.
A Mother is requesting Father pay towards monthly bus pass ($55 a month) for their High School Child.
Mother and Father both earn same yearly income $65,000
Father Currently Pays $1,000 a month in Child Support (2 kids) and 45% of activities and medical (Currently paying towards Hockey and Braces)...So he is Pretty maxed out financially, paying all that to her now.

I told him that I think she could legally get away with it because $55 a month equals $660 for the year, she could argue that it is for "Education" for child to get to School/ Best interest for the Child.

Other people in this discussion said "No Way! He is giving her $1,000 a month Child Support, She earns $65,000 a year herself, She gets the CCTB, has Common-Law Partner....Why can't she pay $55 a month for this Bus Pass Out of His Child Support and her Overall Personal Financial Situation??

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  #2  
Old 09-03-2019, 11:26 AM
rockscan rockscan is offline
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Is the bus pass for post secondary? Does the child not qualify for school busing?

The answer is yes and no. The father does pay enough per month but if its for education purposes then yes it is s7.
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  #3  
Old 09-03-2019, 11:32 AM
pinkmorganite pinkmorganite is offline
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The School is not providing "School Buses" so the Mother wants child to take a City Bus.
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Old 09-03-2019, 11:39 AM
rockscan rockscan is offline
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How far is the walk? Is this a new school? Is there one closer?
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Old 09-03-2019, 11:54 AM
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Janus Janus is offline
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In theory it should not be S7. There is nothing exceptional about a bus pass.


In reality, judges don't really understand S7, so it would probably be ruled as being an S7 expense.
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  #6  
Old 09-05-2019, 12:14 PM
pinkmorganite pinkmorganite is offline
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It would be just under an hour walk from their house to the School. (I still said I thought it could be section 7 in that situation to him)

Now Co-worker in our discussion did find a case Black-Johnson V. Black
[122] The father also made claims for TTC expenses, the cost of a driverís licence and clothing for the son. These are not eligible section 7 expenses as defined in that section.
(TTC-Toronto Transit Commission)

Looked over all the School Newsletters, they do not say he must take a city bus or that mother is required to purchase a city bus pass.
The School Newsletters have a KM policy listed regarding School Providing Transportation....Mother's house is within this KM policy/School not providing transportation.
School gives Cycling Routes.

Now based on all that, I don't think he should pay.

I mean, this is simply the living situation for the Mother/Child living with her...so it is a Basic Monthly Living Expense. Based on the Child Support he pays, and her personal income/situation.....there is no way she cannot afford $55 Bus Pass a month!
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Old 09-05-2019, 12:52 PM
rockscan rockscan is offline
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But why is it he lives so far away? Are there other children that live near the kid that also take the bus? Is this a specialty school? Is this the student monthly pass?
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Old 09-05-2019, 01:21 PM
pinkmorganite pinkmorganite is offline
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It is a 6 min. drive (but longer to walk obviously)

The School Board is renovating one School, so they are sending everyone to this other School, and not providing transportation to Seniors.

The Mom actually could even drive the Senior Child to school one way every day based on her work schedule.

It is a City Bus Pass, that she is buying at the City Bus Terminal.
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  #9  
Old 09-05-2019, 01:54 PM
pinkmorganite pinkmorganite is offline
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There is actually a couple other women sitting here in our Work Break Room now discussing this. They are in the same situation...one said her kid is biking, the other said her kid is getting a Bus Pass, but she's paying for it, and not sending a bill to her ex (she also noted that her ex pays less child support than this guy)...yet this other guy has his ex sending him the receipt and telling him if he doesn't pay she's taking him to court.

To Each Their Own, I guess.

This guy is like "I'm not trying to be difficult, I feel that I literally am maxed out financially as is, paying her $1,000 a month Child Support, Hockey, Braces, Soccer (which again is a Basic Activity that should be covered under Child Support--But he still paid that)Ö..So he's like "If I pay this City Bus Pass, What is she going to come up with next?.....If he misses the bus, am I going to get Receipts for a Cab?"

He's also has a lot of transportation, gas expenses himself for his parenting time with them, as they live in different cities. So he's doing all the driving in that situation.
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Old 09-05-2019, 01:55 PM
rockscan rockscan is offline
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We moved when I was in grade 6 and it went from a ten minute walk to 45 minutes. The kids at the catholic school were bussed, we walked.

Kid will survive the walk. Bus pass isnít section 7. If it was across town there might be an argument but less than an hour isnít bad.
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