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  • Section 7

    Hi,
    In our separation agreement signed last year, ex agreed to pay all section 7 expenses. He paid them all year until now. Now he's saying I can pay a percentage of section 7.
    Can he do that?

  • #2
    Originally posted by Karver View Post
    Hi,
    In our separation agreement signed last year, ex agreed to pay all section 7 expenses. He paid them all year until now. Now he's saying I can pay a percentage of section 7.
    Can he do that?
    Does the separation say he pays for 100%? Does it say they have to be mutually agreed activities?

    Comment


    • #3
      What does your agreement specifically say? It is unusual to have one parent responsible for 100% of payment unless they agreed in return of other concessions from you.

      As mentioned above, prior to incurring the expense (ie. registering the kid) one should always ensure that the other parent consents to the activity/expense. Otherwise, unless it is historically an activity the kid has always done and they have agreed to, the other parent may not consent to the expense and would otherwise be under no obligation to participate.

      Comment


      • #4
        Associated Costs of Children
        24. The Husband agrees to pay for all extraordinary expenses for the children including medical, dental, sporting activities and equipment and clothing. The method of providing shall be at the sole discretion of the husband.

        Comment


        • #5
          OK, if there is an expense he must pay for it. Does your agreement have any clauses relating to extraordinary activities? A definition? Any provisions relating to consent etc.

          I will note that, even if the agreement does not require consent in relation to the expense, a court may find the expense unreasonable and even the clause unconscionable as it could allow the parent with custody to abuse their ability to register the child in unreasonably expense activities depleting the other parents funds and encroaching on their parenting time.

          Comment


          • #6
            Originally posted by Karver View Post
            Associated Costs of Children
            24. The Husband agrees to pay for all extraordinary expenses for the children including medical, dental, sporting activities and equipment and clothing. The method of providing shall be at the sole discretion of the husband.
            Why did you agree to this as it seems on the surface unfair.

            Also, why are sports not covered by CS - what is so 'extraordinary' about your sports expenditures?

            Comment


            • #7
              This is the contract he wrote himself.
              The ex has the boys in extracurricular sports everyday with ski racing being the big one. That's about $4000+/year by 3 kids.
              I guess he figured at the time he would just pay for everything, that way he kept control on what everyone was in and doing. My guess is that now he's thinking he's established that the 3 boys are now in soccor, swimming, skiing, lacrosse, dryland training, karate and so now figures I should start paying. The only one I chose to put them in was Boy Scouts and he made me pay that one myself because he thinks it's for losers.
              And yes, he's using the fact that he was paying to just sign them up for whatever on any day whether it was my day or not. So I do alot of driving

              Comment


              • #8
                Originally posted by Karver View Post
                This is the contract he wrote himself.
                The ex has the boys in extracurricular sports everyday with ski racing being the big one. That's about $4000+/year by 3 kids.
                I guess he figured at the time he would just pay for everything, that way he kept control on what everyone was in and doing. My guess is that now he's thinking he's established that the 3 boys are now in soccor, swimming, skiing, lacrosse, dryland training, karate and so now figures I should start paying. The only one I chose to put them in was Boy Scouts and he made me pay that one myself because he thinks it's for losers.
                And yes, he's using the fact that he was paying to just sign them up for whatever on any day whether it was my day or not. So I do alot of driving
                Sounds like a lot of activities that you should be paying some of.

                Comment


                • #9
                  Originally posted by billm View Post
                  Sounds like a lot of activities that you should be paying some of.
                  Sounds like too many activities to be honest. Kids need down time too.

                  Comment


                  • #10
                    Originally posted by Karver View Post
                    This is the contract he wrote himself.
                    The ex has the boys in extracurricular sports everyday with ski racing being the big one. That's about $4000+/year by 3 kids.
                    I guess he figured at the time he would just pay for everything, that way he kept control on what everyone was in and doing. My guess is that now he's thinking he's established that the 3 boys are now in soccor, swimming, skiing, lacrosse, dryland training, karate and so now figures I should start paying. The only one I chose to put them in was Boy Scouts and he made me pay that one myself because he thinks it's for losers.
                    And yes, he's using the fact that he was paying to just sign them up for whatever on any day whether it was my day or not. So I do alot of driving
                    This why you want to pay your proportionate share. So you have input.

                    Your kids have two parents. The two of you should have a say in what activities the kids are in. The two of you should be involved in your kids lives.

                    Your ex. doesn't get to make unilateral decisions.

                    Your kids are very young, he has not established anything other than an active lifestyle.

                    Protect your time with your children, you do not need to be the chauffeur. Take them to as many activities as you can, but if it is interfering, then don't. And if you want to put them in Boy Scouts, then do it.

                    Comment


                    • #11
                      If he's signing them up for eight million activities and you're not paying for any, it sounds like this situation is dysfunctional for both of you. He's not happy because he thinks he's paying too much. You're not happy because you're being reduced to a chauffeur taking the kids around to "his" activities.

                      It sounds like you might need to amend your separation agreement or order so the situation is less frustrating on both ends. I suggest you propose to him that going forwards you will pay a share of the activity costs proportionate to your income, but only if you have agreed to the expense in advance of it being incurred. This is the standard way of setting up S7. This way you get some control over what the kids are doing on your time, and he doesn't have to carry the entire costs. You can decide which of that laundry list of activities are actually benefiting the kids (and so you're willing to contribute to them), and which can go. (Of course, he can still sign the kids up for everything if he's willing to pay for it himself and do it on his time).

                      Comment


                      • #12
                        So in your opinions a judge could find that clause unfair and order me to pay section 7 anyway?
                        My ex is ademant that the boys be in every sport they can. He signs them up for everything and then on my days harasses me that they have to go and if I can't/won't take them he shows up to take them or sends me text after text complaining that I'm a lame parent.
                        With this person I fear I will have no say and just paying and paying. He's suggesting now and trying to put in writing that the trust fund left by my late parents will just pay my share of S7 - plus will pay a portion of his.
                        These activities are driving me crazy. I get one weekend a month with the boys and I've received 8 texts now on what my schedule needs to be and if I can't do it, he's coming to do it for me.
                        I'm just ranting now at 5:30 in the morning. I'm sure hell be here at 8:30 to pick someone up.
                        I got another lawyer bill today and I'm just not sure it's worth fighting anything. I'm very disheartened.

                        Comment

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