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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 03-25-2010, 09:24 AM
unstuck unstuck is offline
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Default childcare Section 7

Hi, I have enclosed and email from my soon to be ex. its regarding section 7 childcare expenses. I am the custodial parent. As I know we have to run section 7 expenses by each other first as to not by surprised by extra expenses, is he correct that he can or cannot agree to childcare expenses, even though it states that I as the custodial parent due to my job or upgrading require childcare for the kids? Please read what he typed:
I have the section seven notables sitting on my desk and I'm well aware of the law. As far as I know we've never stated anything contrary to the law, so I can only assume that you think I don't support the law because we didn't list child care going forward as something I'm willing to pay? To me it comes down to need, and the fact that section seven in general seems to come under the need for you to get consent from me or it's not something I have to pay. If you take a night class on say Wednesday then I'd be all for switching the parenting plan around for that semester to make it work. If you have a class that's late on Monday I could pick the kids up. So child care should be avoided at all costs for both of us to avoid triggering expenses that I honestly can't afford. But my mind is open in doing what I can to make things work, as I'm sure your's is as well. "

but if I get a job in the future that is 8-5, can he say no when its needed for the children???? Can anyone help me on this one? Much appreciated.
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Old 03-25-2010, 09:45 AM
About_Time About_Time is offline
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If your childcare expenses are related to work or school, then he would be required to pay his share (proportionate to income). That being said, you should definately co-ordinate this with him in advance as it can be a very significant expense to have to incur. If there are ways to reduce costs, then it is in both of your best interests to do so.

He doesn't get an automatic pass if you fail to notify him of an expense in advance - and if the expense is legitimate and reasonable then the courts would back you up - but ultimately its not going to help either of you to do this. Figure out what your needs are for child care, let him know, discuss ways to reduce it and work out how the payments will be made.
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Old 03-25-2010, 10:50 AM
dinkyface dinkyface is offline
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Maybe it doesn't apply in your situation, but the daycare expenses can also be incurred by the noncustodial parent. For example, if some of his access time fell on a weekday, and he needed to arrange daycare in order to work, then you would both be responsible to pay your proportional share of it.
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Old 03-25-2010, 03:13 PM
unstuck unstuck is offline
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Okay. Because section 71a)?i think it is states how childcare expenses are part of it when pertaining to custodial parent regarding their work /upgrading.
I am still unclear. He is stating his consent has to be given to share this expense proportionately? As about face stated the court would agree if its' due o me having a job or upgrading. I am stay at home now. but will be upgrading then working. so if I work 8-5 eventually before and after care of some kind will be needed for the children. Can he say NO even though it's written in section 7? I thought because section 7 states childcare expenses and it will be required that he doesn't get to just say NO. Its shared proportionately??
sorry guys and gals, my lawyer made it sound like it was the law, that he had to do proportionate sharing on eventual childcare.
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Old 03-25-2010, 04:05 PM
dinkyface dinkyface is offline
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I don't think you need his consent for childcare. But make it clear that you are open to suggestions for how to reduce child care expenses - can he find cheaper care, or do some care himself?

I thnk consent is only when it is a 'discretionary' expense i.e. some activity/treatment that you can CHOOSE to do or not, and is not strictly necessary for child's welfare.
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Old 03-25-2010, 05:27 PM
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For the evening care while you take a class, he should have "right of first refusal" meaning he can take care of the child if he's available. We had this written into our agreement, it is perfectly reasonable and fair, and the courts would go this way if you tried to challenge it.

Judges are pretty predictable in that they will go with leaving a child with a parent if it works easily. This is classic "best interests of the child".

During the day (future employment) I presume he works too so he doesn't get that option. He has no choice or arguement,, 7. (1) is absolutely clear. But it doesn't seem from his email that he is arguing this, he just arguing for a couple of evenings a week when you have class.

He is offering to swap evenings which is plenty fair and amicable.

I would say that first, the law backs you up for daytime care, and secondly, he doesn't indicate a problem with this, he is offering evening care.
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Old 03-25-2010, 06:13 PM
unstuck unstuck is offline
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Sorry. He is just throwing the nights out there as an example. As I am not enrolled yet and don't have a job yet. But I am saying in the future when I have a job. Now clearly in his email, he doesn't want to go there.
He clearly states it has to be run by him and needs his consent. 8-5 if I work those hours which are common,but hypothetical currently, he has to prepare then that he has to pay in proportionate sharing what will be required for before and after school care, if we cant make it work between us two. right? Its clearly stated you said, so THAT part in section 7 1 is not discretionary nor can he say NO to me? I just need to know that childcare in the future when I work fulltime wont be a problem getting some of it paid for by him.
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Old 03-25-2010, 06:30 PM
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The CSG's and the courts can't flat out say that he has to pay for child care in all circumstances, because if a parent is available to care for the child, then the child care isn't necessary.

If he was free during the day, he would have good reason to say he could be caring for the child. The guidelines and the courts wouldn't support you there.

That wouldn't be the case, probably. But you are asking for a black and white answer, and the guidelines won't give you that. He has to pay for necessary care, but care wouldn't be necessary if he was available.

In a reasonable arrangement, he should be able to expect that you let him know ahead of time and discuss the cost so that he can make his own fiancial plans. He should also have the option of suggesting alternatives, like a different daycare that costs less (as long as it is good quality care). There's nothing wrong with him having that imput.

But no, he doesn't have the right to stop you from putting the child in daycare if he can't provide care, and you are going to school or working.
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Old 03-26-2010, 10:18 PM
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Thanks so much everyone for helping me out. I think i understand now.
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