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Get this!! Section 7

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  • Get this!! Section 7

    For your viewing enjoyment and a good laugh.
    My buddy’s ex is always looking for money

    1. Daughter 18 sole custody to mom
    2. Dad pays $460 CS

    She’s been harassing and is threatening to take to court for section 7 costs
    1. Bought a $1500 Mac and never consulted dad. Wants half
    2. Wanted him to give $500 towards her buying a car cuz “she did”
    3. Wanted half for two tires and a rim
    4. Wanted him to pay half of a bedroom set she bought for her house
    5. Wants half of kids cell phone bill
    6. Kid JUST started singling lessons last year. Wants half
    7. Based on higher t4 this year she seems she’s entitled to retro CS OF $1500 dated back to Jan 2017

    He makes like 55k a year per their 2017 order and now is 62 which she brought up in drafted letter. In 2017 she “said” she was 70 but this year made 110k (didn’t mention that in her drafted letter however) and her new husband over 100k too

    Feel free to add your thoughts and laugh.

    I already came across this case to aid him because she WILL take to court

    https://www.canlii.org/en/on/onca/do...nlii14132.html


    Sent from my iPhone using Tapatalk

  • #2
    First, child support is based on his actual income. He can update either way—immediately when it changes or yearly at tax time (June 1) she cant cherry pick when it updates.

    Second—what her new husband does or makes has zero impact on anything so tell your friend to fix himself a drink and let that shit go.

    Third—hes on the hook for school expenses which are REASONABLE AND NECESSARY for a post secondary education and EXTRAORDINARY. If kid buys a car but can get to school with a free bus pass included in her tuition, she takes the bus and mom/kid pays for the car.

    Fourth—the laptop *may* be considered a school expense but that would be arguable. If anything he will be required to pay his share of 2/3 the cost of the computer.

    Finally—all the other expenses were incurred without his input or approval which means the answer is no.

    He can respond to her that a) his approval was not sought in advance of the expenses and according to the federal child support guidelines he is not responsible for the cost; b) he will pay his share of 2/3 the cost of the computer if it is necessary for her post secondary expenses; and c) they update cs in accordance with their annual tax filing and he has done so with his line 150. If she feels this is unfair he welcomes the input of a judge to formalize how they will share the eligible post secondary expenses and he will seeks costs should he be successful.

    Period. The end.

    Comment


    • #3
      Yeah. I added the husband part just to add to the pettiness.

      It’s mind blowing, to me how she thinks everything is a section 7 and no need to discuss prior to purchasing! And that they’re all excessive.. nothing is NEEDED or REQUIRED


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      Comment


      • #4
        Originally posted by phatkid77 View Post
        Yeah. I added the husband part just to add to the pettiness.

        It’s mind blowing, to me how she thinks everything is a section 7 and no need to discuss prior to purchasing! And that they’re all excessive.. nothing is NEEDED or REQUIRED


        Sent from my iPhone using Tapatalk
        Yes it is petty of him to worry about what her husband makes.

        Comment


        • #5
          And I repeat... it’s not HIM it was ME that added it here to add to her pettitness
          I get and we all know he’s responsible. I’m responsible. It doesn’t matter the new spouses income...
          it just amazes me how some look at themselves in the mirror


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          Comment


          • #6
            I personally also find it laughable that at 17/18 a kid can start music lessons at $200 a month you be expected to pay half. That’s a hobby. You’re not the next Beyoncé... but “somehow” at last court the judge said he could continue to pay half (didn’t mention in in final order tho?)
            Same judge also ignored my friends t4 of $35000 when off on disability. Said no I so order CS based on 55k which is more reasonable since you will be back to work soon


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            Comment


            • #7
              Then he needs a better lawyer.

              Comment


              • #8
                It’s me lol
                Waste of money on lawyers for what would “seem” cut and dry. But nothing is when it comes to courts and decisions. Both family and criminal. But pointless dropping $2500 retainer to go to court and fight over a $60 cell phone bill, but can’t continue to be bullied in handing money over like an ATM due to others bad decisions


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                Comment


                • #9
                  There has to be more to this than what you are saying. Did he go to trial? Or was this agreed do in a conference? If the singing lessons were ordered then it just didn’t come up.

                  My partner is going through this right now and in his first dispute conference, even with a useless lawyer mediating, his ex was told she wouldn’t get all the ridiculous requests she is seeking.

                  Comment


                  • #10
                    I know right!?
                    It’s wild. Makes no sense
                    No conference. It went to court. And as I said apparently the judge said he had to pay for singing. But it’s not in the order.
                    In “my” eyes the judge made a few errors


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                    Comment


                    • #11
                      Everything goes to court. He would have had to go through at least one conference. Then there was either a motion or a trial. If it was one of those and he was ordered to pay then he had a shitty lawyer. If it went to conference and that resulted then he agreed to something he shouldnt.

                      Comment


                      • #12
                        Yeah. I’ll ask. Maybe they did a conference (waste of time) and they said we don’t agree with each other, but it did end up in court.



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                        • #13
                          Originally posted by phatkid77 View Post
                          I personally also find it laughable that at 17/18 a kid can start music lessons at $200 a month you be expected to pay half. That’s a hobby. You’re not the next Beyoncé... but “somehow” at last court the judge said he could continue to pay half (didn’t mention in in final order tho?)
                          Same judge also ignored my friends t4 of $35000 when off on disability. Said no I so order CS based on 55k which is more reasonable since you will be back to work soon


                          Sent from my iPhone using Tapatalk

                          If the expense is deemed to be s7, he doesn't pay half. He pays his proportional share. If the incomes are currently $62k and $110k, then he pays 36% of the cost. That goes for all costs, income post secondary, singing, laptop etc.


                          For post secondary, it is actually 36% of 2/3rds the cost. The ex would pay 64% of the remaining 2/3rds, and the child pays the final 1/3 (as mentioned by another poster previously).


                          The above should be qualified with unless the court order provides he pays 1/2.

                          Comment


                          • #14
                            Thanks. I knew he was at 36%. Was just speaking generally. And as you can see she didn’t reflect her income increase. Odd eh? Judge will like this

                            Side note regarding post secondary
                            So costs are split 3 ways
                            How does one apply the RESP TO THE EQUATION
                            If the ex is stating it’s for $10000 ( totally don’t believe)
                            1. Is the RESP divided over the 3yr so $3333 a year then split the remaining
                            2. The RESP Would take away $10000 leaving $19000 college to equal 9000. Would the child then be expected to kick in 3k leaving 6k to be at 36%

                            Thanks


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                            Comment


                            • #15
                              With respect to school costs, if the RESP is jointly held by both parties (they didn’t split it when divorced) then they must agree on how much to withdraw. Your friend should be getting statements from the investment company to see how much is available and as it is joint, his signature is required for withdrawal.

                              If the RESP is fully in his exs name, he gets nothing. If he has his own RESP then its for his share.

                              School expenses are tuition, books, residence/meal plan or rent/food costs and any other expenses they agree on. If kid gets OSAP, any grants from that are subtracted from the total of expenses, kids 1/3 is then subtracted and then the remaining 2/3 (less the tax deduction) is split according to their incomes (ie his share is 36%). He also can demand receipts. She can’t simply say the costs were fifteen grand and demand 10 thousand.

                              Either your friend isn’t taking this seriously or theres more to this story but I read through all new section 7 cases monthly on canlii and I have not seen anyone get screwed like you are claiming your friend has. This whole thing sounds odd and your last post for your friend a few years ago had the same type of tone. If this is as bad as you claim and he’s been honest and up front then he needs a good lawyer. He isn’t getting anywhere without one.

                              Comment

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