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  • Proportionate share of section 7 expenses

    The FRO cannot enforce my ex husband to pay necessary section 7 expenses ( medical, and university fees ) because my agreement does not state a specific amount ( ie, a percentage ) that my ex has to pay for section 7 expenses. Currently my agreement states only that he must pay his proportionate share of section 7 expenses. Does this sound accuarate and what can I do about it?

  • #2
    Originally posted by scared1 View Post
    Sounds right. They canot enforce a non amount. You may have to go back to court.
    This statement is completely wrong.

    Both of your proportionate share of Section 7 expenses is directly related to your income on line 150 of your tax return...and this changes from one year to the next.

    For example, if your ex made 40 thousand a year and you made 60 thousand a year, your total combined income would be 100 thousand dollars. Because your income accounts for 60% of that and the ex 40%, you would split the costs 60/40. I highly doubt that the court is going to order a lifetime percentage of S7. If you're having trouble agreeing, they may rule on a percentage for this tax year, but, will likely stipulate that it will be based on your tax return the next year.

    Your final court order should indicate that you are to exchange tax returns by a particular date each year. Once you exchange tax returns, you would revisit these costs. If you feel that the other person is lying on their tax return or something, then you could take it back to court.

    Unless the other person is completely unreasonable, try to keep this stuff out of the courts. To put some perspective on it - say it costs 200 dollars for your child to play sports. If you're going to argue over 40 vs 50%, you're talking about 20 bucks. Sometimes it's not worth paying a lawyer 300+ an hour when the amount is so trivial. Just my 0.02.

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    • #3
      Fro

      I may be confused, but I thought FRO could only enforce child support? My order states my estranged is to pay 50% of only certain section 7 expenses ( medical, dental, university costs above osap) But they have never tried to enforce this because it is not a set dollar amount. FRO does not have the copies of the invoices for these items, therefore it would be next to impossible to enforce.
      I agree that you need to be reasonable. In my experience, if the estranged fights over paying child support which mine always has, then clearly trying to get section 7 expenses would mean another trip to court at my expense. I have given up any hope of ever receiving any funds as he works cash jobs under the table and has never even filed income tax returns.

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      • #4
        Yes, and neither do the courts enforce. Been in and out for 10 years and he has never been forced to pay. What is sad, is that currently my daughter needs braces and his new spouse has a plan that would cover some of it, but refuses even to place her on the plan even though one of my sons is on the plan. How sad is that!

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        • #5
          Originally posted by scared1 View Post
          If the medical expenses are higher for things that are not covered then unless there is a set amount FRO will not enforce. She did not mention sports School and medical. Anyone could make any dollar figure Nioah. Some thngs ohip will not cover nor does private insurance.
          I'm well aware of that....I was using it as an example. Both parents need to contribute their proportionate share. If you could read, you would see that the point I'm making is that the purpose of exchanging income tax returns on a yearly basis is so that Child Support and Section 7 proportions can be amended as income changes. Very rarely do people go through their entire lives making the exact same amount of money.

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          • #6
            I have read cases where ppl go to court but only after a certain amount of money owing for section 7 expenses has been reached for ex: $1000 or more and usually after a year or so, since it does not seem to be worth the court costs for low amounts. FRO cannot enforce such payments unless they are included in the child support amount and these amounts are being deducted by the payor from the child support.

            Your agreement does state that he has to pay his share so a visit to court maybe your only recourse. Represent yourself and save money. Perhaps you should tell him you are going to take him to court, this may encourage him to pay his share.

            There should be no expectation of the new spouse to provide insurance coverage. It is a welcomed gesture if they do but it is the responsibility of the bio-parents to provide such coverage for their children.

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            • #7
              Can the FRO then enforce him to submit to me his tax returns? Even though our agreements state they must be provided, he has yet to do so. All my letters are returned unclaimed

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              • #8
                Cristina - I am going through the EXACT same thing. YES FRO CAN ENFORCE this BUT you need to go back to court and have an actual %number added to your order. My problem was that my first lawyer put in "porportionate to income" but didnt state what portion or percentage. I didnt catch it -assuming I was be guided properly... We left court and I again assumed everything was great and he would start contributing - BUT to my surprise he hasnt and won't becuase there is no amount or percentage stated. he knows he was ordered to contribute, but fails to each time I send a receipt his way. It is very frustrating. I found a new lawyer who too on my case and we are returning back to court in a few months to have a proper % or amount added. We are then asking the judge to allow FRO to deduct from his pay any receipts submitted. When this is court ordered YES FRO can deduct more than just "child support". It has to be clear though in your order and it has to be a number or a actuall percentage - ie: 40% of .... based on income. It is sich a hassle. The worst part is tht my lawyer said to me not to expect ANY retro for the stuff my ex hasnt contributed to. We are talking 2 years here. He said they will more than likely just start enforcing the "new" and forget the "old".. my ex may get a slap on the rist, but that's about it. I can hrdly wait to get this done and over with!

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                • #9
                  also my order too states that my ex and I are to exchnge tax returns. I do every year and in 4 years of separation my ex has provided 2 times -both I have basically harrassed him to provide them. it's insane, he is ordered to do it, but then doesn't. He is from job to job to unemployment to job to unemployment and I never know where he is or what he makes - that we are asking the judge deal with it and either find him "under employed" and or put a imputed number in place so that we can stick with a number until he proves otherwise apparently this does happen, and i am hoping with the track record my ex already has - tht maybe just maybe something will come out of this and I wont have to return to court again.

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