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  • Section 7 and child support

    Hi All,

    Here is my situation:

    Late 2011 we reached agreement during our settlement conference and one of the agreement was that I would pay my share of the childcare 75% directly to the provider but we didn't talk other sections 7 expenses;
    My Ex came up with new section 7 expenses (milk formula for children with severe allergies $500/month ) and she is asking me to pay my share of section 7 expenses through FRO.
    I don't want to pay upfront since I don't know how long the doctor wants to keep him and also I don't trust my I'm afraid that she may not even buy it and just collect cash. Ex's lawyer is going to file a motion after I refused to pay the extra $375.
    Based on my income $84,000/per with 4 children the CS is $1895 + $750 childcare and now Ex is asking another $375 (75% of $500) a grand total of $3020 / month while my net income is $5000/months

    Questions
    1. Is there a maximum amount with regards to total support payments?
    2. Are section 7 expenses exchanged only in July or can it be part of the FRO payment?

    Thx

  • #2
    I'm afraid that she may not even buy it and just collect cash.
    Receipts are your friend.

    Comment


    • #3
      Originally posted by OrleansLawyer View Post
      Receipts are your friend.

      Exactly... She must provide you with a receipt before you pay.

      Comment


      • #4
        I prefer paying directly to her instead of FRO once I get receipts or in July after NOS exchange.
        Can the judge order me to pay through FRO?
        Any feedback to question #1?

        Comment


        • #5
          A judge can do pretty much anything. But I would argue that no amount should be deemed payable without a corresponding receipt/invoice for such cost.

          So if she gives FRO a receipt, then they can collect. But to say that you shall pay $350, notwithstanding receiving a receipt, is not something that would be reasonable as it would open up the situation to abuse. I mean, what if the costs are reduced for whatever reason (she finds a cheaper supplement etc). Should you still be obligated to pay the previous amount? Get receipts, go from there.

          Comment


          • #6
            Make sure you are given the original receipt and not a copy of. My stbx had a little scam where she would buy top of the line [insert item here] submit a copy of the receipt and then return the item and subsequently buy a lesser priced item. Another scam she runs is her mother submitting a bill for child care when she doesn't provide any child care. My stbx is crafty.

            Comment


            • #7
              Originally posted by mr.mom View Post
              Make sure you are given the original receipt and not a copy of
              Thanks for the tips.

              Comment


              • #8
                Also, is this formula medically necessary? Have you spoken to the doctor about it? If you get it written as a prescription is there a way your medical insurance would cover it?

                It's a valid medical item, so it may result in her getting some of the funds spent back at income tax time.

                Calculate what impact it would have, as that should come off the top before the pro rata split.

                and pay NOTHING without a receipt. Zip, zero, nada.

                Comment


                • #9
                  Originally posted by NBDad View Post
                  Also, is this formula medically necessary? Have you spoken to the doctor about it? If you get it written as a prescription is there a way your medical insurance would cover it?

                  It's a valid medical item, so it may result in her getting some of the funds spent back at income tax time.

                  Calculate what impact it would have, as that should come off the top before the pro rata split.

                  and pay NOTHING without a receipt. Zip, zero, nada.
                  Yes, this formula is prescribed by the doctor.
                  Doctor will review his allergies next year and based on the result he may not need it anymore.
                  My insurance doesn't cover as they consider it over the counter.

                  Comment


                  • #10
                    My insurance doesn't cover as they consider it over the counter.
                    Well that doesn't sound very extra-ordinary.

                    Comment


                    • #11
                      A friend of mine in the same circumstance had the formula covered under insurance plan. Perhaps she should find out with her insurance plan what is covered and discuss with the doctors if one of those can be prescribed (as long as it is for allergies). Sometimes the insurance will not cover a specific brand but will cover a generic brand.

                      Comment


                      • #12
                        Originally posted by Tryingsohard View Post
                        A friend of mine in the same circumstance had the formula covered under insurance plan. Perhaps she should find out with her insurance plan what is covered and discuss with the doctors if one of those can be prescribed (as long as it is for allergies). Sometimes the insurance will not cover a specific brand but will cover a generic brand.
                        If prescribed by a clinician (registered with the College of Physicians and Surgeons) as a necessity most insurance plans are compelled to cover it. Check the wording of the prescription for the supplement. If truly required for a medical need generally it should be part of the insurance coverage even if available over the counter.

                        It may require a confirmation from the doctor to the insurance provider in a letter or for the doctor to fill out some other form. Check with the insurance provider.

                        Comment

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