What qualifies as a Section 7 expense?

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representingself

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Aside from medical, dental and daycare what qualifies as a section 7 expense?

Gym membership at the Y?

Private guitar lessons?

Special school trips (In excess of $100)?

Photography classes?

School Fees?

Kickboxing Membership?

From what I can find... it is so varied. :confused:

In some circumstances, if the ex spouses are amicable, and the NCP is an involved parent, then the NCP helps pay for these type things.... but in other posts, the only time a NCP is responsible for additional contributions is if the child is a prodigy of some type....

If the parties cannot agree, is it the Judge who decides what is and is not a qualified expense?
 
My argument is if the parent wants to do extra curricular activities such as guitar, dance lessions etc that they should not have to rely on the other to pay for such. I think that's just being greedy.
But yes if the child needs some dental work etc that should be split.
How would you word it in an agreement that you will only ask for medical, dental and daycare and maybe a few school trips?
I dont want my ex to think I will hit him up for all the other things as he thinks I will.
 
representingself said:
Gym membership at the Y?

Kickboxing Membership?
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can be covered by the fitness tax credit for a large part...make sure s. 7 is not merely split, but split after any rebates on taxes!

representingself said:
Private guitar lessons?

Photography classes?
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Would depend on the child's best interests and the parents means...

representingself said:
Special school trips (In excess of $100)?

School Fees?
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Again would depend on the parents means...and the cost of the fees...for a person making 50K, a $50 fee is not extraordinary...for a person making 20K, it may well be...but the courts are more likely to say yes to these than most others.

As for what qualifies...it depends on the parents, the child, and the incomes...which is why it is case by case consideration.

My take on it is that the parents should agree on extra-curriculars, regardless of custody...if you lived together or were married, it would be a discussion, not unilateral...why does that change?
 
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It changes now because of the fight about money in most case.
One ex signs child up in other things that maybe they wouldn't necessarily do if parents were together, the other parent fights and disagrees with having to pay.
 
That changes because they are divorced.

Who gets to decide the best interests of a child when one parent wants music lessons and the other wants knitting classes?
 
I sign my son up for things he will benefit from, and ask no section 7 aside from childcare. I think that extra curriculars should be covered off with child support.
 
InterprovincialParents said:
I sign my son up for things he will benefit from, and ask no section 7 aside from childcare. I think that extra curriculars should be covered off with child support.
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I agree with this. But how do I word it in an agreement to let the ex know this? Im just looking for extra expensives say if the child needs braces etc. Not for other things I think I would like to sign child up for.
 
What happens when the parent that makes less (by half) is always paying the s. 7 costs. and despite attempts to try and discuss amicably the other parent says they will agree to help with costs but only if they can erview them first...but some of these things are time sensitive and you either pay them or the child misses out (i. e filed trips, sports etc)
 
ConcernenedStepMom78 said:
What happens when the parent that makes less (by half) is always paying the s. 7 costs. and despite attempts to try and discuss amicably the other parent says they will agree to help with costs but only if they can erview them first...but some of these things are time sensitive and you either pay them or the child misses out (i. e filed trips, sports etc)
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Guess that's why it should be spelt out in the agreement. Included is giving advance notice and a set time period of a valid response otherwise will go forward etc.
Its sad to have to do these kind of things, but if one or the other parent is being irrational, then things like this have to go into much detail to avoid conflict etc.
 
In most circumstances, where the parties were married and actually co-parented, I assume that the CP would send an email or something to the NCP and let them know that the child is interested in partaking in an extra-curricular activity... and if it was something small like soccer ($75 for the year)... then the parents would agree to split the costs. :confused:

If it were braces ($3000), and the child needed them... then the parties would apply whatever benefits they had, and then be forced to split the difference between them (proportionate to respective incomes). :confused:

Now lets say you have a child, who was the result of a brief relationship, where the parties never co-habitated... and the NCP abandoned his relationship with the child, 9 years ago.... the parties do not communicate, neither verbally nor via email etc. The only form of communication is through legal forms filed with the courts...

Consider that the NCP hasn't contributed towards section 7 expenses... ever....

Add to that... that the NCP paid less than a third of the guideline support for more than 13 years.

Going forward... if the NCP was finally paying CS based on his actual income.... how should the CP approach section 7 expenses... given that the child is a typical teenager, with varied interests and not necessarily going to be the next olympic gold medalist? :(
 
ConcernenedStepMom78 said:
What happens when the parent that makes less (by half) is always paying the s. 7 costs. and despite attempts to try and discuss amicably the other parent says they will agree to help with costs but only if they can erview them first...but some of these things are time sensitive and you either pay them or the child misses out (i. e filed trips, sports etc)
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Parents should be discussing them as hypotheticals or anticipatory each year...what can I afford, what can't I, what do we think our children will consider for activities? What do we agree is necessary based on respective means, and child's desire and schedule? Parents often don't realise the stress that so much activity can cause in a child when they are overburdened with extras. Field trips can be expected at least once per school year, and the expense increases each year. Plan for it.

Orthodontics should be specifically included in any order, no matter the age of the child, as it is often a bone of contention. Many health plans cover orthodontic work, so requiring a parent or both to obtain and pay for coverage could also be an option.

...and field trips usually have a long notice period for parents.

Also, if you are looking at an order or agreement that has a life insurance clause requiring the payor to be insured to cover CS payments, ensure it has an end date...or beneficiary change upon the child's 18th birthday. If you have one already, and it has neither, ask for a variance.
 
representingself said:
In most circumstances, where the parties were married and actually co-parented...
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This part always get me. What if they didn't co-parent during the marriage? What if they've never co-parented, if one person was doing all the parenting before, during and after the marriage does it change how things are decided or set out when divorcing? *sigh*
 
A standard clause is "...shall pay #% of extraordinary expenses, based on annual income of $#, upon receipt. The parent registering the child for any activity must provide a copy of receipts for these expenses within 30 days of incurring this expense." If it is something habitual and the amount is always the same, put the $$ in, as this causes less argument between parents as well.
 
blinkandimgone said:
This part always get me. What if they didn't co-parent during the marriage? What if they've never co-parented, if one person was doing all the parenting before, during and after the marriage does it change how things are decided or set out when divorcing? *sigh*
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Umm... I don't know. Thats not really what I was getting at. :o
 
representingself said:
In most circumstances, where the parties were married and actually co-parented, I assume that the CP would send an email or something to the NCP and let them know that the child is interested in partaking in an extra-curricular activity... and if it was something small like soccer ($75 for the year)... then the parents would agree to split the costs. :confused: yep, or one incur it...

If it were braces ($3000), and the child needed them... then the parties would apply whatever benefits they had, and then be forced to split the difference between them (proportionate to respective incomes). :confused: Yep.

Now lets say you have a child, who was the result of a brief relationship, where the parties never co-habitated... and the NCP abandoned his relationship with the child, 9 years ago.... the parties do not communicate, neither verbally nor via email etc. The only form of communication is through legal forms filed with the courts...

Consider that the NCP hasn't contributed towards section 7 expenses... ever....

Add to that... that the NCP paid less than a third of the guideline support for more than 13 years.

Going forward... if the NCP was finally paying CS based on his actual income.... how should the CP approach section 7 expenses... given that the child is a typical teenager, with varied interests and not necessarily going to be the next olympic gold medalist? :(
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a) send a letter requesting the cost sharing for the expenses, based on percentage as per s. 7 of the Federal Child Support Guidlines
b) add to this letter the previous year's receipts and accounting of activities

Why? This shows that the CP has been paying for them previously, and that they benefit the child. NCPs are less likely to think it is a money grab when you back it up with history and receipts. It shows positive communication and willingness to share this information, which the NCP is in fact legally entitled to.
 
InterprovincialParents said:
can be covered by the fitness tax credit for a large part...
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The fitness credit is all bark no bite. It caps out at $75 in tax relief when $500 or more is spent. The government probably spent more marketing it than they are giving out in relief.

The Ontario government is going to kick in another $60 when the maxium is spent but it still is pretty lame.
 
dadtotheend said:
The fitness credit is all bark no bite. It caps out at $75 in tax relief when $500 or more is spent. The government probably spent more marketing it than they are giving out in relief.

The Ontario government is going to kick in another $60 when the maxium is spent but it still is pretty lame.
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True. However, childcare expenses are a tax rebate, and this can be a big dent. If you share 50/50, the NCP actually pays much more than 50% when the CP is able to claim on income tax.
 
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