Our agreement reads,
XX. Commencing September 1, 2019, the Applicant shall pay 40% of the D3's special or extraordinary expenses, which expenses include:
(a) D3's Montessori school tuition for the school years of 2019-2020, 2020-2021 and 2021-2022; including school uniforms, lunches, school trips, March Break and summer camp;
(b) two extra-curricular activities, the annual of costs of both activities not to exceed $2,000 per year;
(c) D3's nonprescription medicated creams as recommended by her pediatric dermatologist;
(d) D3's non-insured medical and dental expenses;
(e) D3's before and after school care
Section 7 expenses, aside from those listed above, must be on consent.
It goes on to say how section 7s should be calculated. And how they should be paid (to the service provider if possible, if not- it sets out the timeline of payment), etc etc etc...
Who came up with this part of your agreement? Was this actually ordered by a judge, or was this just some agreement both of you consented to, and signed off on (and filed)? I'm guessing the latter. I can't see FRO being able to enforce some of this, especially if you have wording about "paying to the service provider", and not having dollar amounts for some.
Some of this is *not* section 7, despite phrasing it as such.
ex.
(a) D3's Montessori school tuition for the school years of 2019-2020, 2020-2021 and 2021-2022; including school uniforms, lunches, school trips, March Break and summer camp;
school tuition for Montessori school - yes, section 7
uniform - doubtful - maybe, maybe not depending on costs of required uniforms, and your respective incomes.
lunches - Adhoc daily lunches like every parent has to provide their kid? No. Are you forced to subscribe to some food program at the school cost? Then maybe.
school trips - cost? Probably not. Local field trips for a few dollars. No.
School camp across the country, for some special educational retreat - maybe yes then. End of year big travel trip or camp - maybe?
(b) two extra-curricular activities, the annual of costs of both activities not to exceed $2,000 per year;
Maybe, depending on the costs of such activities, and given what both of your incomes are. Capped at 2,000 a year, so I'm guessing average or lower incomes. If you were both pulling in excess of 100,000 a year, I would say no. Swimming lessons? Learn how to swim lessons? No. Your kid is training in competitive swimming, and has swim meets, etc. Maybe.
(c) D3's nonprescription medicated creams as recommended by her pediatric dermatologist;
- they aren't prescription. So not technically section 7.
(d) D3's non-insured medical and dental expenses;
Yes.
(e) D3's before and after school care
If required for parents to work/be employed, yes.
Good luck on collecting either way. I think I would choose to use FRO as well, if I had an uncooperative other parent, who was required to pay, and was not. Make it someone else's headache for the most part.
