I am new to the form but have watched it for sometime now and was wondering if someone could give me some clarity on the Sec.7 (extra ordinary) subject. I have read over some threads and still feel somewhat confused. There is alot more to this than Sec.7 but here is the whole situation:
Common Law 4 years (separated dec 2008)
2 children
2009 Income 2010 Income
CP $22,000 CP $18,000 (est.)
NCP $40,000 NCP $67,500 (est.)
CS $618/mth CS $944/mth
Signed separation agreement in May 2009. $1200/mth CS to include Sec.7 expenses. CP waived spousal support in agreement NCP paid all family debts ($15,000+)and CP got only family asset being the family car.
NCP got laid off from work in June 2009. NCP parent got 2 lesser paying jobs to cover CS which worked out to $7,300/yr in 2009 and paid off debts of $10,000+ NCP seen children 1 time for 3 days/nights in 2009 due to high access cost and CP wanting debts paid so CP could buy house. NCP has access costs of $900+ per trip. NCP could not afford counsel to "vary" SA. Clearly the money was more important to the CP.
2010 CP getting married/expecting baby."Has a new family now" CP/NCP are willing to work towards a consent order regarding CS/Access/Sec.7. $15,000 legal fee's later for NCP (legal aid for CP as she lies and says she is not common-law) and NCP has not gotten very far. CS is figured out. Access is going to take a while as the CP has now involved counsellors for one child stating 'due to the NCP coming back into the childs life the child is now suffering from a personality disorder"
Had case conference, Judge blew NCP out of the water based on evidence.
Sec.7 is something that I need help with. It's not that I dont want to pay any but CP is already getting $11,000+/yr for CS plus she is living common-law and in any event marrying a new spouse where his income is est. $55,000+/yr. I still have $8,000+ in family debt to pay and my job consists of frequent lay-off's sometime 2-3 months. Additional money to the already $11,000+/yr she will be getting should be enough. Her claims for Sec.7 are as follow:
2009
Dance $228
Hockey $360 (she told me she got funding for this but now is claiming it)
Daycare $875 (claimed on income tax)
2010
Dance $554
Hockey$575
Daycare $1300
Dental work for 1 child (which was not consented by me) $500
total: apprx $4,300/2009/2010
CP gets $6,600/yr for CCTB and $1,200/yr for UCTB total $7,800/yr.
Here are my questions regarding sec.7 and the courts/or previous situations people have experienced:
1)in regards to CCTB/UCTB being applied against the claimant of a Sec. 7 expense claim, how does this work? does it get added to the receipiant's income when determining the proportion and how? or does it get applied to say the daycare expense incurred for the year?
2)what about the CP getting tax relief for claiming child care expenses. Would the courts generally take a certain percentage of that amount?
3)then there is the CP has now getting married (new spouse income about $55,000/yr), would the courts not look at both incomes as a household and set it against the "means" of the expense being claimed?
4)how does it work with the fitness tax credit the CP receives?
Basically I am trying to get the other side to set some of the family debts I paid and still continue to pay against the sec.7 claim being that once I pay taxes on my $67,500 and CS and take my access costs into consideration (I will never let CP talk me into paying things over seeing my children ever again..I know im stupid) I am not left with very much to live off of for my own cost of living.
Could someone please give me the break down on how a fair claim would be for sec.7?!
Thank you!
Common Law 4 years (separated dec 2008)
2 children
2009 Income 2010 Income
CP $22,000 CP $18,000 (est.)
NCP $40,000 NCP $67,500 (est.)
CS $618/mth CS $944/mth
Signed separation agreement in May 2009. $1200/mth CS to include Sec.7 expenses. CP waived spousal support in agreement NCP paid all family debts ($15,000+)and CP got only family asset being the family car.
NCP got laid off from work in June 2009. NCP parent got 2 lesser paying jobs to cover CS which worked out to $7,300/yr in 2009 and paid off debts of $10,000+ NCP seen children 1 time for 3 days/nights in 2009 due to high access cost and CP wanting debts paid so CP could buy house. NCP has access costs of $900+ per trip. NCP could not afford counsel to "vary" SA. Clearly the money was more important to the CP.
2010 CP getting married/expecting baby."Has a new family now" CP/NCP are willing to work towards a consent order regarding CS/Access/Sec.7. $15,000 legal fee's later for NCP (legal aid for CP as she lies and says she is not common-law) and NCP has not gotten very far. CS is figured out. Access is going to take a while as the CP has now involved counsellors for one child stating 'due to the NCP coming back into the childs life the child is now suffering from a personality disorder"
Had case conference, Judge blew NCP out of the water based on evidence.
Sec.7 is something that I need help with. It's not that I dont want to pay any but CP is already getting $11,000+/yr for CS plus she is living common-law and in any event marrying a new spouse where his income is est. $55,000+/yr. I still have $8,000+ in family debt to pay and my job consists of frequent lay-off's sometime 2-3 months. Additional money to the already $11,000+/yr she will be getting should be enough. Her claims for Sec.7 are as follow:
2009
Dance $228
Hockey $360 (she told me she got funding for this but now is claiming it)
Daycare $875 (claimed on income tax)
2010
Dance $554
Hockey$575
Daycare $1300
Dental work for 1 child (which was not consented by me) $500
total: apprx $4,300/2009/2010
CP gets $6,600/yr for CCTB and $1,200/yr for UCTB total $7,800/yr.
Here are my questions regarding sec.7 and the courts/or previous situations people have experienced:
1)in regards to CCTB/UCTB being applied against the claimant of a Sec. 7 expense claim, how does this work? does it get added to the receipiant's income when determining the proportion and how? or does it get applied to say the daycare expense incurred for the year?
2)what about the CP getting tax relief for claiming child care expenses. Would the courts generally take a certain percentage of that amount?
3)then there is the CP has now getting married (new spouse income about $55,000/yr), would the courts not look at both incomes as a household and set it against the "means" of the expense being claimed?
4)how does it work with the fitness tax credit the CP receives?
Basically I am trying to get the other side to set some of the family debts I paid and still continue to pay against the sec.7 claim being that once I pay taxes on my $67,500 and CS and take my access costs into consideration (I will never let CP talk me into paying things over seeing my children ever again..I know im stupid) I am not left with very much to live off of for my own cost of living.
Could someone please give me the break down on how a fair claim would be for sec.7?!
Thank you!
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