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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 06-24-2018, 08:24 PM
Chip234 Chip234 is offline
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Default Section 7 Expenses

Hi, I"m new to the Section 7 thing and the FLIC wasn't too helpful. My ex and I have some section 7 expenses laid out in our Agreement and he was ordered to pay me some money owing for such expenses that accumulated during the divorce itself. He still hasn't paid, a year later and is now claiming expenses on his end that I as a single mom can't afford and that I haven't agreed to. I can't afford to go to court over this year alone as it wouldn't be worth the legal fees, so I'm wondering what to do. Just refuse to pay till more expenses are racked up over the years? Pay the amount and debate it later in court? Based on past behaviour this will be an ongoing issue as the ex likes to obtain money in any way other than having a job.

Thanks for your time
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Old 06-25-2018, 07:07 AM
rockscan rockscan is offline
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Did you agree in writing to his expenses? Then he can’t claim them.

Hes obligated to pay the expenses that had a figure in the agreement including daycare and medical. Anything else he didnt agree to will be a fight.

Can you register with a maintenance agency like FRO to recover the expenses?
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Old 06-25-2018, 10:24 AM
Chip234 Chip234 is offline
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Thanks for your reply. I didn't agree in writing to his expenses, except that last summer he emailed me to say our daughter was going to start gymnastics in July and I responded "ok." I guess that could be construed as my agreeing; I'll watch that in the future.
My lawyer was also vague in writing up the Section 7 expenses section of our agreement, just saying that it encompassed daycare for the purposes of employment and the amount of claims not covered by my health insurance. No dollar amounts, no other detail, not even a time of year that it would be due. Anyway, it looks like an area that could be a point of contention in the most civil of divorces, which ours has not been.
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Old 06-25-2018, 10:26 AM
Chip234 Chip234 is offline
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Quote:
Originally Posted by rockscan View Post
Did you agree in writing to his expenses? Then he can’t claim them.

Hes obligated to pay the expenses that had a figure in the agreement including daycare and medical. Anything else he didnt agree to will be a fight.

Can you register with a maintenance agency like FRO to recover the expenses?
Thanks for your reply. I didn't agree in writing to his expenses, except that last summer he emailed me to say our daughter was going to start gymnastics in July and I responded "ok." I guess that could be construed as my agreeing; I'll watch that in the future.
My lawyer was also vague in writing up the Section 7 expenses section of our agreement, just saying that it encompassed daycare for the purposes of employment and the amount of claims not covered by my health insurance. No dollar amounts, no other detail, not even a time of year that it would be due. Anyway, it looks like an area that could be a point of contention in the most civil of divorces, which ours has not been.
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Old 06-25-2018, 10:45 AM
rockscan rockscan is offline
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Yes but was his email to you a request for your contribution or simply a “im registering kid in gymnastics”?

If you need daycare for employment purposes and he is not available to take the kids then its a s7. Ditto for the medical if its required. For instance, regular dental care over and above what benefits cover.
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Old 06-28-2018, 10:12 AM
dad2bandm dad2bandm is offline
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For info about what expenses are actually considered section 7 "special or extraordinary" expenses, see this:



http://www.justice.gc.ca/eng/rp-pr/f...ep7-etap7.html


You haven't made it clear what "expenses" your ex is wanting you to split on, but your example of "gymnastics" would not likely even be considered a section 7 expense, unless something like this applies (from the link I provided):


Quote:


An expense for education or extracurricular activities is extraordinary only if:
  • it is more than you can reasonably pay based on your income and the amount of child support you receive; or
  • it is not more than you can reasonably pay, but it is extraordinary when you take into account:
    • your income and the amount of child support you receive;
    • the nature and number of educational programs and extracurricular activities; the overall cost of the educational programs and activities;
    • any special needs and talents of the child; and
    • any other similar factors that are considered relevant.


Last edited by dad2bandm; 06-28-2018 at 10:13 AM. Reason: Fixed my quoting tags.
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