Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

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

Reply
 
Thread Tools
  #1  
Old 09-17-2014, 12:26 PM
Love2lift Love2lift is offline
Junior Member
 
Join Date: Sep 2014
Posts: 13
Love2lift is on a distinguished road
Default Sections 7's

Hello!
I have two scenarios I need help with please.
1. My fiance's ex-wife (they have a 16 year old daughter together) is wanting to take him to court to get him to pay for regular school fees as well as things like (optional) driver training, etc. She claims these things are section 7 expenses. They have joint custody but not joint physical custody (he has her about 40% of the time). As such, he pays her 820/month in child support. She makes about 7,000 more a year than he does. He has refused up to this point to pay and she is now pressing the issue. Is she correct? He already gives more than enough money to cover his daughter's expenses (in addition to the fact that he has her every other weekend and Mondays and Wednesdays). In the summers the split is 50/50 but still he pays his full child support 12 months out of the year. It just seems so wrong that he needs to pay more? He has always covered his portion of extra curricular activities as well. We literally can't afford to give her more money. Help!
2. Regarding section 7 splits, she has always made more money so the split has always been 40% (him) and 60% (her). However, last year she was given a paid leave to pursue her Masters and only received 65% of her salary. In good faith, he recalculated their Section 7 split while she was on a reduced salary (knowing that he could have based it on her previous year tax return). This year she is back to her regular salary and when he asked to revert back the section 7 split, she told him she would base it on her Tax return for 2013 (which would reflect her reduced salary). He is now refusing to pay section 7's (they need to be mutually agreed upon) until the ratio is fairly calculated. She is planning to take him to court for this too. Can she be this devious? Would the court base it on her 2013 tax return even though he negotiated the ratios to accomodate her last year already?

Any and all replies are welcome.
Reply With Quote
  #2  
Old 09-17-2014, 12:47 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,688
rockscan will become famous soon enough
Default

Not an expert, not legal advice, my 2 cents:

Regular school fees (you should probably specify) would be child support covered.

Driver training should be s7. But they can agree on who and what. For instance and in class and then specific amount of lessons or young drivers etc. when i learned to drive i took the in class separate from lessons because it was cheaper than young drivers at the time.

Also, if her income now is different than her income tax (i.e. Significantly higher) she should be providing that for s7 calculations. Especially if they lowered it outside of her tax form when it went down.

You might have to specify what the school expenses are. Child support is supposed to cover a lot of expenses.
Reply With Quote
  #3  
Old 09-17-2014, 12:49 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,688
rockscan will become famous soon enough
Default

Should also note that if they adjusted outside of tax time, she cant expect it to stay that way when she earns more. Either you stick to tax time and she had to pay more on her reduced salary or you dont stick to tax time and you adjust accordingly.
Reply With Quote
  #4  
Old 09-17-2014, 01:42 PM
Love2lift Love2lift is offline
Junior Member
 
Join Date: Sep 2014
Posts: 13
Love2lift is on a distinguished road
Default

Thanks so much for the reply!
Yes - but even though it was adjusted outside of tax time she IS now expecting it to be adjusted using tax time (can't have both). My fiancee is now refusing to agree to any section 7's until it is recalculated fairly (they both need to agree to Section 7's). This is why she is taking him to court.

As for school fees, they are regular school fees (about $300.00 for the year or so). There are no fees for books.

For driver training, this is an optional course that costs 700.00 If teenagers in Alberta take it then they pay less insurance for their car. His ex-wife wanted him to pay for half but he said no because he is not paying for her insurance (which is his choice). He would never benefit from the insurance break so why pay for it? His ex is buying his daughter a car AND paying for insurance which is why she wanted her daughter to take the course. It has nothing to do with him.
Reply With Quote
  #5  
Old 09-17-2014, 02:09 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,688
rockscan will become famous soon enough
Default

Ya no, she cant pick and choose. If he was reasonable to change it, she has to demonstrate good faith. Im sure thats why he lowered it knowing it was temporary and would go back up immediately.

$300 over a year isnt that much especially if he pays $820 a month in child support. She should be able to cover $25 a month. Is it a private school? Did they change since the divorce?

40% of $700 is only $280. And is it worth it to him to pay to make sure his kid knows how to drive?

To me it sounds like her court threats are just blustering. Unless shes filed papers? My partners ex did the same thing. Have they gone to court? No. She ended up paying for the excess stuff herself.

Read the stuff on the fed child support guidelines on what constitutes an extra ordinary expense. If its not specifically listed in their agreement it has to pass the "is this extraordinary or extracurricular" test.

But again, just my two cents. Others might have a different view.
Reply With Quote
  #6  
Old 09-17-2014, 02:11 PM
Straittohell Straittohell is offline
Senior Member
 
Join Date: Jun 2014
Posts: 721
Straittohell is an unknown quantity at this point
Default

Daughter is at the age where custody orders mean nothing. Your fiance's ex-wife is buying her a car to get daughter dearest to want to be at her house even more.

I would suggest your fiance chip in for the driving lessons, and make sure that the daughter knows it, so that she feels he supports her in becoming an independent adult. Whether he is technically correct to dispute paying a part of it is a completely separate matter.

Also, driving lessons can't hurt in terms of safety. He should want to help pay for them so that she takes the lesson, and becomes a better driver for it.

Unless, of course, his philosophy is that she should work and save up for something like this, but that's another issue too.
Reply With Quote
  #7  
Old 09-17-2014, 02:35 PM
Love2lift Love2lift is offline
Junior Member
 
Join Date: Sep 2014
Posts: 13
Love2lift is on a distinguished road
Default

I guess his perspective is that he already gives more than enough to his ex for his daughter's expenses. And, his daughter now has a part time job and so his ex is making her pay for half of clothes, etc which drives him crazy because he is STILL paying her 820/month.
Many parents here in Alberta opt out of this driver training. He did not feel it was necessary. He has spent many house practicing driving with her...
Reply With Quote
  #8  
Old 09-17-2014, 02:36 PM
Love2lift Love2lift is offline
Junior Member
 
Join Date: Sep 2014
Posts: 13
Love2lift is on a distinguished road
Default

He has talked to his daughter about living with him half time but she is scared of her Mom (his ex is very dominant and controlling). We are hoping she makes the decision to live with us half time but it will be up to her. In the meantime, still not sure what to do...
Reply With Quote
  #9  
Old 09-17-2014, 02:47 PM
Straittohell Straittohell is offline
Senior Member
 
Join Date: Jun 2014
Posts: 721
Straittohell is an unknown quantity at this point
Default

Yes, and ex is about to give herself even more control by tossing a car into the mix.

Even with post-secondary looming on the horizon, the clock is now ticking on your fiance having to pay child support. One day, sooner than later, daughter is going to be an adult and living out on her own. Child support won't matter, just the relationship Sad to say, but helping daughter with the driver's training, if that is what she wants (forget about the ex for a moment), will become a future investment in their relationship. (remember when daddy ponied up the money for your driver's training without argument, and two months later, mommy threatened to take the car away because she went to visit daddy too much?)
Reply With Quote
  #10  
Old 09-17-2014, 02:48 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,688
rockscan will become famous soon enough
Default

Pay for the lessons as it will give her more confidence and security. Im sure she will appreciate the vote of confidence. If it were me Id dispute the school costs.

As for the court threat, call her on it. Make sure he has all the emails where he agreed to lower the s7 when her salary went down and his offer to pay at their current income. Hes being reasonable.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -4. The time now is 06:20 PM.