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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 02-26-2018, 08:04 AM
leavingthestation leavingthestation is offline
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Default S.7 non payment

Ex is now saying she can't afford to pay her share of summer camp and activities.
Her suggestion is that her sister will watch the kids. But they live in Toronto and we live in brampton. We all live, work, go to school and have activities in Brampton. It will not make sense to travel to Toronto for daycare.

Is it her responsibility, under s.7, to pay her share as she has been doing this far? Is it worth going to court for aprox $2500.
I can't afford the entire cost of camp and court. What if she realizes and starts doing this all the time. Is it best to go to court to prevent this?
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Old 02-26-2018, 08:10 AM
Stillbreathing Stillbreathing is offline
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Can you self rep at court and ask for an enforcement order.? Problem is that you would have to fork out the money for camp yourself and wait and see if enforcement was successful.
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Old 02-26-2018, 08:30 AM
leavingthestation leavingthestation is offline
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Quote:
Originally Posted by Stillbreathing View Post
Can you self rep at court and ask for an enforcement order.? Problem is that you would have to fork out the money for camp yourself and wait and see if enforcement was successful.
I will definitely try and self rep. Do you know how successful enforcement orders usually are?

I hope she realizes it will cost her more, if retains counsel, to go to court then pay $1000 for her children.
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Old 02-26-2018, 09:48 AM
youngdad91 youngdad91 is offline
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catch 101 is.. can she really not afford camp if she can afford a lawyer and go to court ? Can you really not afford to cover her portion if you can hire a lawyer and go to court?

if the child miss camp, would it be on your time that they do so ? Would it be possible that you would get the extra time ? I definitely wouldn't be paying her daycare if she chose that unilaterally overdaycamp.
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Old 02-26-2018, 10:10 AM
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Quote:
Originally Posted by leavingthestation View Post
Ex is now saying she can't afford to pay her share of summer camp and activities.
Her suggestion is that her sister will watch the kids. But they live in Toronto and we live in brampton. We all live, work, go to school and have activities in Brampton. It will not make sense to travel to Toronto for daycare.

Find three quotes for daycare costs in Brampton. Ex is responsible for her portion of the cheapest quote.


eg. You owe 60% of S7.


Camp: $2500
Rusty Daycare Inc: $1400


She owes 40% of $1400: $560
You pay: $1940
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Old 02-26-2018, 11:58 AM
youngdad91 youngdad91 is offline
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Quote:
Originally Posted by Janus View Post
You pay: $1940
I believe that meant $940.


Quote:
Originally Posted by Janus View Post
Rusty Daycare Inc
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Old 02-26-2018, 12:32 PM
leavingthestation leavingthestation is offline
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Quote:
Originally Posted by Janus View Post
Find three quotes for daycare costs in Brampton. Ex is responsible for her portion of the cheapest quote.


eg. You owe 60% of S7.


Camp: $2500
Rusty Daycare Inc: $1400


She owes 40% of $1400: $560
You pay: $1940
I have suggested alternative arrangements to lower the costs but I keep getting the "I can't afford it" routine.
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Old 02-26-2018, 01:14 PM
MommaMouse MommaMouse is offline
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What's her access/your access in the summer months like? If the weeks are split perhaps you arrange/pay for daycare on your weeks and leave it up to her to arrange day care for her weeks? If you have the child all the time you may end up eating the costs.
Before going to court consider if the costs you are asking are reasonable. As Janus suggest you may only get a portion of what the courts deem to be reasonable.....not what you actually pay. (Ie I can put my kid in $1000/wk camp, but the going rate for child care is $250/wk....so the courts may only award me a portion of the $250)
Also be prepared for less than half, if she submits her income as less than your income the courts may award her a smaller percentage of the S7 expenses despite whatever custody access.
And in the end remember that you can't get blood from a stone.....you may find you go through all of this and she still refuses to pay, unless she is paying Child support forcing payment is difficult....or she may workout a repayment schedule that could be like $20/month for X number of months)
Its a rock and a hard place situation for sure.
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Old 02-26-2018, 01:57 PM
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Quote:
Originally Posted by youngdad91 View Post
I believe that meant $940.

Nope, my point was that you send the kid to the $2500 camp, but you only get the proportionate S7 payment for the $1400 rusty nail daycare inc. facility, which worked out to $560 in my hypothetical example. So you still have to pay about $2000 for the camp.


It is like building a fence with a reluctant neighbor. You can build a top notch fence, but the neighbor only has to pay for half of the cheapest fence possible.

Quote:
Originally Posted by leavingthestation
I have suggested alternative arrangements to lower the costs but I keep getting the "I can't afford it" routine.


Try the following steps:


1) Look up the 3 daycares
2) Ask for your share
3) When she declines go to court


What else do you want? She doesn't want to pay. Court exists to get people to do things they don't want to do. You want her to do something she does not want to do. You need court.
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Old 02-27-2018, 08:49 AM
leavingthestation leavingthestation is offline
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So, our agreement states that we both have to agree to enroll children in an activity.

My ex agreed to enroll the kids in sports this summer....but surprise, surprise....she doesn t want to pay her share.

So she doesn t want to pay for camp/daycare and she doesn't want to pay for sports.

If there is an increase in cs can I say I can't afford it and not pay?
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