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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 03-31-2010, 02:22 PM
Foredeck Foredeck is offline
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Default section 7 wording

Does anyone have an example of how the section 7 expenses are split up?

I have to write in the initial amount, and detail of it. However, I would like something that has enough details not to cause a fight in the future.

Is there a formal name for section 7? Is it the section 7 expenses as per the Canadian Child Support Guidelines? And, what would happen if it changes? What would happen if the Canadian government passed a "Child Support Act" and special expenses would fall in a completely different section?
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Old 03-31-2010, 09:28 PM
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Quote:
Originally Posted by Foredeck View Post
...
I have to write in the initial amount, and detail of it. However, I would like something that has enough details not to cause a fight in the future.
...
Write a formula based on tax returns adjusted yearly, not a specific number.
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Old 03-31-2010, 09:37 PM
lee1869 lee1869 is offline
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It is my understanding that the extraordinary expenses would be split according to your income. For example if she earns $60,000 and you earn $40,000, she would pay 60% and you would pay 40% of the espense.
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Old 03-31-2010, 11:36 PM
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Think you're more concerned, if the separation agreement says "section 7 expenses will be split according to..." and then next year the definition of section 7 changes, will you be affected?

Your agreement is a contract, it is based on the definition you are both aware of (because you received legal advice) on the date you signed it. All older versions of laws are on record, they don't disintigrate, and your contract will be based on the 2010 definitions.

That said, if the government passes a change, they can specify it is retroactive, or not. It depends on the seriousness of the change. Example, spousal support at one time wasn't taxable/deductable. Now it is. Support agreements from before that change aren't affected.

So there is no way to guarentee, but I don't think you are in any serious trouble in a worse case. I can only imagine that certain expenses that weren't section 7 before, may be included with a hypothetical change in legislation.
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Old 03-31-2010, 11:46 PM
Looking4Answers Looking4Answers is offline
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Default Extraordinary expenses

Extraordinary expenses for children are based on your income.
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Old 04-01-2010, 08:20 AM
Foredeck Foredeck is offline
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The income part, I'm not too concerned about. That is pretty straight forward, I put in a line that it is just line 150, nothing adjusted to it.

However, I want to minimize the fights in the future. She's come to me in the past and told me that she did not want to pay for extra curricular activities. I had to tell her that it did not work like that, and she had to pay her share. Same thing for insurance.

I am not sure of the exact wording my lawyer used, but it went something like "the special and extraordinary expenses shall be split as per each's net income, as per line 150 of their tax return." He then goes on to say the initial amount and what is included in it.

I cant list everything that may come up in the future. But, if I change it to : "all special and extraordinary expenses, as per the section 7 of the Child Support Guidelines" Would that be sufficient?
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Old 04-07-2010, 12:40 PM
Paytable2 Paytable2 is offline
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FWIW I would list what you consider to be S7 expenses in your agreement.
Failure to do so leaves you open for a fight as you X will undoubtedly come back at some point and argue that XYZ qualifies as S7 and you will undoubtedly disagree. The laws do NOT spell out what a S7 expense is and it can be anything under the sun if the X can justify. For example, I consider that winter clothing like boots and a snow suit are part of the children's CLOTHING requirments and are covered by me paying table amount. It can and is argued that winter snow suits etc are not required every year and thus are 'extraordinary expenses'.

Make a point to include what you believe is reasonable for S7 and EXCLUDE any others.
For example,

"S7 expenses will be divided proportional to income based on both parties annual tax return line 150 and adjusted annually.
S7 expenses shall include: 1 extracurricular activity per child per year, Dental costs, Medical costs not covered by insurance plans, Daycare, Costs involving visitation if the CP moves more than X KM from NCP etc etc..
All expenses other than those stated above shall not be considered as extraordinary expenses and are the sole responsibility of the parent incurring the expense."

The more clear you make it the less chance there is to argue it!
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