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.
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.
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