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more headaches - on basic s7 stuff

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  • #16
    Originally posted by Beachnana View Post

    It was suggested we take the annual daycare expense and divide by 12 and that be the daycare section 7 monthly amount then calculate out the average proportion given the payor and recipients respective incomes and settle on a specific amount. Then each year at NOA exchange time do our own calculation to check the payor has not over paid or under paid,and settle that amount between ourselves.
    Why do they make these suggestions?? If you need FRO to enforce basic S7 expenses such as medical, dental and daycare then obviously there is very little cooperation between the parties. If they are unwilling to pay through FRO, why would they be willing to send you a cheque at the end of the year to make up the differences?? Where is the common sense?

    The revolving door of litigation.....

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    • #17
      Originally posted by HammerDad View Post
      ...
      Advise the ex that, in accordance with the order, she is to seek your consent prior to registering the children in any extracurricular activities, especially if they happen during your parenting time. That if she doesn't ask, you aren't able to consent and are not required to pay for such activity. That you will take the activity into consideration and will advise her whether or not you consent now...
      ^^^ Definitely this.

      If ex is not seeking your input or consent prior to signing kids up, that is not your problem. She can't just unilaterally sign the kids up, and ask you for money. Well, I guess she can and does, but you don't have to pay, unless you also agree to it.

      I didn't see where you answered if these activities happen also during your parenting time with the kids, but if it does, then your ex would be even more-so in the wrong, as not only does she think you are an ATM, but feels they can also schedule your time with the kids. If that is applicable.

      Keep hitting her over the head, with a response such as HammerDad provided, and hopefully, she will eventually "get it".

      Activities are good for the kids, so you can always look like the reasonable parent, and offer to help contribute towards an activity, that you do consent to. If you are able to, and agree to it.

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      • #18
        Originally posted by dad2bandm View Post
        ^^^ Definitely this.

        If ex is not seeking your input or consent prior to signing kids up, that is not your problem. She can't just unilaterally sign the kids up, and ask you for money. Well, I guess she can and does, but you don't have to pay, unless you also agree to it.

        I didn't see where you answered if these activities happen also during your parenting time with the kids, but if it does, then your ex would be even more-so in the wrong, as not only does she think you are an ATM, but feels they can also schedule your time with the kids. If that is applicable.

        Keep hitting her over the head, with a response such as HammerDad provided, and hopefully, she will eventually "get it".

        Activities are good for the kids, so you can always look like the reasonable parent, and offer to help contribute towards an activity, that you do consent to. If you are able to, and agree to it.

        I respectfully disagree.

        In my last SC, the ex's lawyer handed me case law that was designed to absolve me of any delusions of imputed income due to marginal tax rate differences (he's now in the US). I was bewildered as marginal tax rates and imputing income weren't even words used in my motion, but nevertheless....

        This case law also provided for $750 per annum of Section 7 extra-curricular activities (for competitive hockey) to be paid by the support payor to the support receipient DESPITE consent not being obtained.

        A few factors - the support payor lived in the US. Didn't have a "typical" access relationship with the child. Payor's income $70G, receipient's income $35G

        From the case:

        42. "When awarding any amount to cover extraordinary expenses, the court may take into account the necessity of the expens in relation to the child's best interests and reasonableness of the expense in relation to the means of the spouses and those of the child and to the family's spending pattern prior to separation"

        44. I also note the Respondent's approval for the S7 expenses was not requested, prior to the Applicant allowing such expenses to be incurred.

        45. Taking all of the above factors into consideration, I fix the Respondent's liability for those extraordinary expenses, not related to orthodontics, in the amount of $750 per year.

        46. The Respondent is required to contribute $750 annually for each subsequent year....."

        The case is Kelly v White, Ontario Superior Court of Justice, Docket 94-FL-47993, Judgement on December 30, 2002.

        I have also found instances where the extra curricular activity has been deemed necessary by doctors for the children (the immediate case that comes to my mind was one about equestrian activities being part of therapy for a young girl suffering with anorxeia).

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        • #19
          Originally posted by MS Mom View Post
          I respectfully disagree...

          In my last SC, the ex's lawyer handed me case law that was designed to absolve me of any delusions of imputed income due to marginal tax rate...
          My response was meant for the original poster, and trying to answer his more general scenario.

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          • #20
            Originally posted by dad2bandm View Post
            My response was meant for the original poster, and trying to answer his more general scenario.

            I guess my point was just saying NO, I don't agree with that S7 activity/expense does not absolve you of liability to pay for it in the end. It will still come down to the best interests of the child.

            Comment

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