Repayment of s.7 expenditures

[Brampton33]

When it comes to s.7 expenditures, I was made aware that you can only request shared payment for matters over $100. Is that for the registration of the activity, being that you should not be asking for shared payment for a registration of $90? Or is it that you should not be asking for payment if the amount owed by other parent is less than $100?

Also, my ex owes me a fairly decent amount in s.7 expenditures from the past years where I paid the expense and she hasn't repaid her share. Originally, she would ignore emails where I asked repayment. Now, as time has gone by, she treats the matter as far in the past and acts as though we are all square. Any insight in how to retrieve repayment would help. I don't believe the amount is substantive enough for court action.

 

[rockscan]

I believe the $100 rule is for medical expenses. As for other expenses, there is no hard and fast rule. Some families split a $20 school trip as a s7, some wait until the expense is over $100. It all depends on the situation, expense amount, child support amounts and incomes.

If your ex has a history of not paying her share you may want to rethink what you pay for and what you spend. It normally isn’t worth court and if you don’t have an order with a maintenance agency, you may be able to simply said you are reducing monthly support by x dollars until the amounts are repaid. An annual reminder may help too. When you have to update you can remind them that they owe you xyz from expenses in an attached chart and as such you will hold back abc dollars until it is paid etc.

 

[Brampton33]

Thanks for the advice. I heard it was a huge no-no to deviate from child support payments, as that money belongs to the children.

Besides, I don't think ex will agree either, as she now pretends we are all square, and needs the full support amount to sustain her lifestyle. Will bring it up at the annual finance exchange but she will likely ignore per usual.

 

[pinkHouses]

Thanks for the advice. I heard it was a huge no-no to deviate from child support payments, as that money belongs to the children.

Besides, I don't think ex will agree either, as she now pretends we are all square, and needs the full support amount to sustain her lifestyle. Will bring it up at the annual finance exchange but she will likely ignore per usual.

"As far as money goes it is for the children" is true for a small number of cases. It is a nice ideal but in the real Family Court world where the kids already have food and a warm bed it is a load of crap.
Tell me I am wrong and explain why only the adults are represented in cases where money is involved and parents receiving money don't have to demonstrate it was spent on the kids.

That being said I would update the child support yearly. If everything else is square take her to court. Court at its best is forcing someone to do what they should have been doing voluntarily. At its worst Family Court is about punishing the ex and only serves as a deterrent for the sane "don't come here"

 

[Brampton33]

So for the $100 rule on medical and dental, does that mean if the bill itself is less than $100? Or the total owed by the other parent is less than $100?

I really am at a loss for recovering the amounts owed from previous s.7 expenditures. My ex either ignored my emails asking for repayment, or blatantly denies that she owes anything at all. Emails go ignored, and I can't just unilaterally decide to deduct from child support until debt is paid off.

 

[rockscan]

It’s anything over 100 not covered by benefits but that’s normally for parties with full table support.

Keep a running total. Then you can file a motion to get it back and ask for costs. That might spur her to pull her head out of her ass.

 

[Brampton33]

So if the dentist charges $200 and her proportionate share is $80, that counts towards the running total? Or is it that her proportionate share must total over $100 for it to count?

 

[rockscan]

No benefits?

If her share of the total with no benefits is $80 then yes it goes on the total.

 

[Brampton33]

I have benefits, she does not.

 

[rockscan]

If the $80 is the proportionate share after the application of benefits then that is the amount. You take the total, less the benefits and then calculate proportionate share.

 

[Brampton33]

If an ex owes a few thousand dollars in back s.7 expenditures, do you charge interest? How does that work?

I have been notifying my ex periodically of the debt owed, yet those go ignored. I don’t believe the amount is substantial enough to warrant court on its own. It was high conflict so we’ll likely end up in court again/often, so my lawyer says to hang on until such time.

 

[rockscan]

Im not sure you can apply interest if it isn’t specifically noted in your agreement but I could be wrong.

I also wouldn’t let it go so long that it gets so high. Are you able to take some off support each month?

 

[blinkandimgone]

If an ex owes a few thousand dollars in back s.7 expenditures, do you charge interest? How does that work?

I have been notifying my ex periodically of the debt owed, yet those go ignored. I don’t believe the amount is substantial enough to warrant court on its own. It was high conflict so we’ll likely end up in court again/often, so my lawyer says to hang on until such time.

Why not file with FRO?

 

[Brampton33]

Im not sure you can apply interest if it isn�t specifically noted in your agreement but I could be wrong.

I also wouldn�t let it go so long that it gets so high. Are you able to take some off support each month?

The court order states that a 3% post-judgement interest rate applies. Not sure what that means. With regards to taking off of CS, the issue is that at first, my ex would berate me for asking her to repay her debt. Then she went for a period of time of simply ignoring my requests altogether. Now, as time has passed, its all forgotten with her, and she feels we are all squared somehow. Like it never happened because it was so long ago, despite me having all the receipts and no record of her ever paying. She will not agree to me taking of CS because she feels she owes nothing. Moreover, she is dependent upon my CS to pay her bills and lavish lifesyle.

Why not file with FRO?

My lawyer told me to stay away from FRO for many reasons. One, is that it is a nightmare. Payments don't come out, or come out as double the amount, and then you spend 6 months trying to sort it out. Next, we just pay for our children's s.7 expenses as they come up, rather than a set monthly amount. We don't want to change that arrangement as s.7 expenditures are hit and miss with our kids....particularly during covid where things such as camp have been closed or we miss the signups due to limited capacities.

 

[rockscan]

The clause may relate to anything outlined as owed in the order rather than anything coming up.

Who gives a crap what your ex does with the money. She could pay you back with it but doesnt. All you are doing is reducing the hands it has to go through. It would teach her to pay her bills. If you wait and take it to court, she could argue her way out of it.

FRO is not the evil beast many make it out to be. The only drawback is getting amounts updated. If your income doesnt change much, its perfect and you can submit your expenses as arrears she has to pay.

I say start subtracting $100 a month off cs to cover what she owes. She will be sure to follow her s7 expenses going forward. And I don’t believe you will be faulted for it should she take you to court.

 

[Brampton33]

I say start subtracting $100 a month off cs to cover what she owes. She will be sure to follow her s7 expenses going forward.

I will bring this up at the next exchange of financial info. Which she will berate me over, or deny she owes me anything altogether.

And I don�t believe you will be faulted for it should she take you to court.

That is my fear. It was a high conflict court battle where she pulled all the tricks she could. My case and behaviour had little to no blemishes to point at...always took high road with exceptional behaviour. I don't ever want to give her any ammo of any sort for her to use. She does not favour 50/50 parenting of our kids and will likely eventually try to reverse the court order. When that happens, I want to ensure she has absolutely nothing on me.

 

[rockscan]

I will bring this up at the next exchange of financial info. Which she will berate me over, or deny she owes me anything altogether.

Who cares what she thinks, says, does? She is a thief. She stole your money. If this wasn’t your ex would you be ok with her taking the money she owes you? Probably not. Too many people put too much weight in what their ex thinks and says. Ignore her.

That is my fear. It was a high conflict court battle where she pulled all the tricks she could. My case and behaviour had little to no blemishes to point at...always took high road with exceptional behaviour. I don't ever want to give her any ammo of any sort for her to use. She does not favour 50/50 parenting of our kids and will likely eventually try to reverse the court order. When that happens, I want to ensure she has absolutely nothing on me.

You arent going to score points for not taking the money back she owes you. And there would need to be a material change for her to win. So many people are afraid of court because they were burned the first time. You got more than most and now she is playing games with you because you are a “good guy”.

 

[iona6656]

Why not file with FRO?

I was told FRO won't enforce section 7 without actual amounts in the agreement. And when you need to update the percentage paid- you have to go back and update your order. But maybe that's not true?

 

[rockscan]

Yes and no. You can file them as arrears and FRO adds that to the amount they owe. The problem is the payor can file a dispute and FRO will accept it and remove them.

You just have to hope your ex won’t fight it!