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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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Old 11-08-2018, 11:49 AM
mjc99909 mjc99909 is offline
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Default OCL recommending therapy for kids - who pays?

Good morning,

I hope this is the right place to post this.

I am a self-represented applicant looking for access to my two children, ages 7 and 10. I currently pay child support and spousal support. The court case is only involving access, which has been limited by the kids' mother.

Court proceedings have been going on for just over a year - in May the judge ordered the involvement of an OCL social worker.

I am happy with the suggestions of the OCL - she has requested that for 6 months the kids attend counselling to deal with their separation issues from their mother and to help their bond with me.

I am currently employed. The childrens' mother has some part-time work (minimal) and I understand is currently attending school. I have EAP through work as well as access to benefits for therapy ($800/person/year). It's not much but it helps.

My question is this - I have a case conference next Friday (Nov 16). My ex's lawyer is requesting that I pay 100% of any counselling costs. I know that this is something that my children need and as such I will pay what is required. I am just wondering if I should be agreeing to paying 100%, or if this is something that should be partially offset by child/spousal support/my ex's income.
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Old 11-08-2018, 12:03 PM
rockscan rockscan is offline
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Your ex should be paying a portion of the expense. Just because she chooses not to work does not mean she gets out of it. Plus the issue requiring therapy is created by her.

I would counter that you expect her to pay her proportionate share of the net cost of the counseling.
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Old 11-08-2018, 01:06 PM
mjc99909 mjc99909 is offline
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Quote:
Originally Posted by rockscan View Post
I would counter that you expect her to pay her proportionate share of the net cost of the counseling.
Thank you for the reply - would this be proportionate share based on income reported to CRA? So the spousal support plus whatever she makes from her PT job?
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Old 11-08-2018, 02:44 PM
rockscan rockscan is offline
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Yes its her line 150. Spousal support is considered income.

The expense would be the amount of the expense after health benefits and tax deduction if applicable. Your lawyer would be able to calculate it in divorcemate.
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