Child support

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phatkid77

New member
Hey everyone.
A while ago I thought I had read something, just verifying what child support covers..

I have 50/50 therefore pay the set off amount....$150 for 1 son plus 56% of S7 expenses. Looking for clarification, are

School supplies, class trips,, hot lunches. Covered or they a S7? I've been treating them as such. But wondering if just going half on winter stuff. Sports. Ect would only be s7
Thanks
Phats


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Are the following S7?

phatkid77 said:
School supplies
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no

...unless the kid has a medical condition and needs special equipment

class trips
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probably no, a trip to Italy would be different

hot lunches
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no

...unless kid has a medical condition and needs special expensive lunches


winter stuff
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Not sure what that means, but if it is winter clothing, then no.

...unless the kid has a medical condition and requires super special clothes


Sports
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Also not S7

...unless the kid has realistic Olympic or NHL potential
 
Janus said:
Are the following S7?



no

...unless the kid has a medical condition and needs special equipment

probably no, a trip to Italy would be different

no

...unless kid has a medical condition and needs special expensive lunches


Not sure what that means, but if it is winter clothing, then no.

...unless the kid has a medical condition and requires super special clothes


Also not S7

...unless the kid has realistic Olympic or NHL potential
Click to expand...



Thanks a lot! JUST read an old post of yours that touched on S7. Thing is my ex will likely call a lawyer if I stop paying. Lol. Although she can't afford.
So winter coat and pants aren't covered? I only chipped in because my low CS and it was for my son and the statement of S7 is obviously very unclear.

I'm only asking now because my ex works less due to "illness" so I should be paying 385 vs 150 now.. so when I up the CS I'm shutting down the extra crap I chip in she spends money on, but want to KNOW I have a leg to stand on..
not to mention she gets ALL Govt cheques/rebates ect for our son... which I want to bring up as she said I prob owe a chunk of arrears.... so, forget the arrears and move forward..


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Now, before you get too excited, paying offset support is different than paying full support. If you pay full support, then the custodial parent is 100% responsible for clothing and food and normal extracurricular activities.

However, with offset, you are both responsible. Clothing is not section 7, but in offset she is technically paying you child support as well, so you have some responsibility when it comes to normal expenses that are covered by child care.

So, your listed scenarios are not S7, but that doesn't necessarily get you off the hook.
 
From what you said, if these expenses are treated as S7, you would pay 56%.

If they are not treated as S7, they should be shared equally with the other parent, as Janus has explained, because you have 50/50 shared parenting meaning that you pay each other child support, you would pay 50%.

The difference is 6%. Is this a hill to die on?
 
phatkid77 said:
Thanks a lot! JUST read an old post of yours that touched on S7. Thing is my ex will likely call a lawyer if I stop paying. Lol. Although she can't afford.
So winter coat and pants aren't covered? I only chipped in because my low CS and it was for my son and the statement of S7 is obviously very unclear.

I'm only asking now because my ex works less due to "illness" so I should be paying 385 vs 150 now.. so when I up the CS I'm shutting down the extra crap I chip in she spends money on, but want to KNOW I have a leg to stand on..
not to mention she gets ALL Govt cheques/rebates ect for our son... which I want to bring up as she said I prob owe a chunk of arrears.... so, forget the arrears and move forward..


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Click to expand...


Heres the deal on govt rebates etc...

If you have shared 50/50 normally its paid offset years. If you agreed to that then its a moot point now and you cant argue that.

If you have day care or activity expenses, she is technically supposed supposed to reimburse you the difference.

As for the rest, is it really worth the fight? You could split the clothing expenses. I would be firm about the hot lunches and school trips if theyre piddly amounts like $10.

She can call a lawyer all she wants, actually going through with it is another matter. You could figure out how much tax money she was getting from daycare and activities and remind her she was supposed to pay you back if she blusters about arrears. Sounds more like a scare tactic to me.
 
stripes said:
From what you said, if these expenses are treated as S7, you would pay 56%.



If they are not treated as S7, they should be shared equally with the other parent, as Janus has explained, because you have 50/50 shared parenting meaning that you pay each other child support, you would pay 50%.



The difference is 6%. Is this a hill to die on?
Click to expand...



Mmmm. I think I get what you're saying. No I wouldn't die for 6%. As such I pay 60%. Maybe I'll just do the 50/50 as the CA should cover some of the basic crap already


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Also. More interested in her dropping (she won't) her "arrears" dreams. Since I kept her on my benefit plan saving her over $500/month I bet EASILY on meds and treatments.. for like 3yrs... SIX if you count day of separation


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What is she talking about when she says arrears? Did you not update income or pay the proper cs? She would have to answer why she didnt seek it. Plus the amounts that the expenses were supposed to be reduced due to the tax benefits.

Shes also the one looking to reduce cs due to her issue. She should be working to support her kid.
 
Yeah I wondered that about the arrears we've been legally separated for three years supposed to update with tax information etc. but we figured out our own set off amount and she's never notified me of a change of income until just right now saying she's been getting disability for say 18 months. She has asked to exchange tax information for say the last couple of years never said she's made less and I've always said I don't need the tax information send me your T4 and I can adjust child support as needed


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phatkid77 said:
Also. More interested in her dropping (she won't) her "arrears" dreams. Since I kept her on my benefit plan saving her over $500/month I bet EASILY on meds and treatments.. for like 3yrs... SIX if you count day of separation
Click to expand...

Careful, in whacky family law world, the fact that you kept her on benefits could be interpreted such that she needed that level of support from you, and that as a result you have an obligation to support her at that level in the future.

You may have inadvertently agreed that she needs spousal support, since without your support she could not afford the meds and the treatment. You could have an obligation to continue supporting her, since she is unable to support herself.

Point is, being nice rarely pays off in family law. You actually want to show that she was fine without your help, not that you helped her out.
 
Well... at the court the judge made it known to her that I in. I way need to keep her on and I can agree to and walk out of the court and give 60 days notice I'm pulling them... in exchange the judge told her she better keep working and not go off in an attempt to get more support (which we all k ow increased support doesn't make up for loss in wages)
And the judge laughed at her and her lawyers request for spousal. So I had neither party can ask for SS now or in the future no matter what the change in financial circumstances


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