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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 09-20-2011, 11:25 PM
Nationcaps Nationcaps is offline
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Default Section 7 expenses

Good evening:
My lawyer has requested a copy of all the invoices relating to Section 7 - expenses. Really not sure what is considered a normal expense (covered under ex's full table child support) or what is considered as Section 7. For example:
  • I paid for 4 years of swimming lessons with the city program. Is that considered a section 7 expense or part of ex's child support monthly payment?
  • We split on the cost for a birthday party. Damn thing cost about $500 (wasn't my idea - my ex does not know how to keep things at a low key
  • Probably around $1,500/per year worth of vitamins that we split a year.
  • If my ex has refused to furnish me with tax returns, can I look at recouping section 7 expenses? Is there a timeline?
Best regards
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Old 09-21-2011, 07:51 AM
Toutou Toutou is offline
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If I understand correctly, none of those are Section 7 expenses. Maybe swimming if the expense is really high, otherwise it is included in CS.
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Old 09-21-2011, 09:35 AM
HammerDad HammerDad is offline
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City swimming lessons are generally not expensive (less than $100), so it would generally not be s.7.

Birthday party - unless agreed upon that both of you were hosting/paying for it, not section 7.

Vitamins - unless the doctor prescribed them, not section 7.

Now, that doesn't mean you and your ex can't or haven't agreed to share these costs in the past. It just means that they are not extra-ordinary expenses.

As for the tax return, you send your ex a request, in writing stating that, in accordance with the guidelines and/or your agreement/court order, you respectfully request his tax return so that any adjustments to s.7 and c/s can be made.
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Old 09-21-2011, 10:55 AM
TLCRN TLCRN is offline
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City Swimming Lessons including lifeguard courses- are considered S.7. Depending on where you reside and other factors, one can claim on a portion on their income tax returns (every little bit helps)- called the "Ontario Children's Activity Tax Credit"; see this website:
Ontario Children's Activity Tax Credit

Birthday parties: child support payments

Vitamins- usually child support payments unless the child has a deficiency diagnosed by physician with blood work as proof. If prescribed by physician, they might be covered under one's health care plan.

Income Tax Return and Notice of Assessment to be exchanged yearly. We have a court order stating June the 1st of every year as being the deadline.
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Old 09-21-2011, 11:13 AM
HammerDad HammerDad is offline
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Quote:
Originally Posted by TLCRN View Post
City Swimming Lessons including lifeguard courses- are considered S.7. Depending on .....
the child support amount received and the incomes levels of each parent.

If the payor makes about $50k and pays approx. $490 per month for one child, the $70-$100 cost associated with registration would most likely be deemed part of C/S. If the payee's income is also in that range, even more likely that it would be deemed part of c/s as the proportional amount each would have to pay would be like $35-$50.

If the payee is unemployed, then the odds of it being s7 go up, but not significantly. If the C/S amount is only about $150 a month, then the odds of swimming being s7 go up significantly.

If the cost of swimming is $400, that would be s7.

So s7 depends on the cost of the activity, the need (swimming is acceptable in that regard) and the incomes/cs payment involved.

If she is receiving $1000k per month for 1 child and the cost of swimming is $200, it would probably be deemed part of cs.

s7 is not cut and dry in these sorts of instances.
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