Special 7 expenses - shared access/custody

[Dadoftwo]

Hi everyone,

So ex and I have 50/50 shared access (one week with me and one week with her).

In total, child and spousal, I give her 50 percent of my income. Our separation agreement had us splitting section 7 expenses 50/50.

Here are some questions:

- her lawyer is saying the expenses should be split 90 (me)/10 (her). I realize that maybe for sole custody/access situations this may apply but when we have shared custody how can it not be based on total money each household gets (presumably it takes same amount of money to raise a kid for both of us!). I'm looking for any case law that would support my position (keeping it 50/50).

- she wants to retroactively charge me expenses at the 90/10 rate. These were expenses I didn't agree to in the first place.
Can she do that? Or would the 50/50 apply?

Thanks everyone!

 

[Tayken]

- her lawyer is saying the expenses should be split 90 (me)/10 (her).

Ignore anything the lawyer on the other side tells you. They are not your lawyer and are required to follow their client's instruction and are NOT WORKING IN YOUR BEST INTERESTS.

If you have an agreement signed by both parties that S.7 expenses are split equally then, they should should be split equally. Unless the lawyer can demonstrate to the court that the agreement was done in bad faith blah blah blah the court will hold up an agreement made between two parties. You can ignore the lawyer.

At best, it is split based on the incomes of both parties.

If you make 90,000 a year and the other parent makes $10,000 a year it would mean the household income is 100,000 and yes, you could end up paying 90% and the other parent 10%. But, you have an agreement.

Follow the agreement until a court orders otherwise or YOUR LAWYER recommends otherwise!

I realize that maybe for sole custody/access situations this may apply but when we have shared custody how can it not be based on total money each household gets (presumably it takes same amount of money to raise a kid for both of us!). I'm looking for any case law that would support my position (keeping it 50/50).

If it is agreed to and in writing by both parties then you don't need case law. The other party does to prove the agreement was not done in good faith etc. Hopefully both parties had independent legal advice when signing.

- she wants to retroactively charge me expenses at the 90/10 rate. These were expenses I didn't agree to in the first place.
Can she do that? Or would the 50/50 apply?

The lawyer can't do that. Only a court can order a change in the original agreement that was reached.

I recommend you get a lawyer.

Good Luck!
Tayken

 

[stripes]

I don't think you need case law. The default position in law is that S7 expenses are split proportionate to income (your share of S7 expenses is equal to your income divided by the sum of your income plus her income). If you and ex have a signed agreement that says you split them 50/50, I think that would override the default (unless your signed agreement is completely absurd and unfair). Her lawyer can't pull random numbers like 90/10 out of the air. Her lawyer also can't go backwards in time and re-negotiate expenses that were already paid at the agreed-on 50/50 split.

So I think you can safely ignore her lawyer.

 

[rockscan]

To add to stripes and tayken, what does your agreement say about agreeing on expenses? Medical and school are always paid as is daycare so the parent can work. Anything else is a crapshoot and normally agreed to before payment. If you knew nothing of the expense and werent even asked she cant come back and demand payment.

 

[blinkandimgone]

i f you make 90,000 a year and the other parent makes $10,000 a year it would mean the household income is 100,000 and yes, you could end up paying 90% and the other parent 10%. But, you have an agreement.

Hang on a second though. ..if he's making 100k and giving her half, SS is taxable income. Wouldn't it be split after her SS is added?

 

[stripes]

He's paying both SS and CS - not clear how much of the total payment is SS (taxable income to ex) and how much is CS (not taxable income to ex).