I had to laugh reading your post. Being in a middle of a Family Court trial where section 7 expenses is one of the biggest issue, you all have good points, but in the end, the JUDGE is the one who makes the decision. One good question the Judge asked was: "was the child in that specific activity before the separation, for example: swimming". If so, the costs should be shared as in our case, both children have reached the lifeguard/instructor courses which are approx. $300-400 per course, which adds up fast for two as there are four levels. In order to reach this level, the other swimming lessons is mandatory....therefore, would make sense to have the cost spilt including expenses such as swim suits, googles etc... it made a lot of sense when being explained to us. I sure wouldn't want to be in a Judges shoes that's for sure.
What qualifies as a Section 7 expense?
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Epona
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Aside from child-care (which doesn't include occasional baby-sitting), medical, dental (includes non-cosmetic orthodontics) and vision (corrective visual aids -- okay, spectacles!) when necessary, the definition of S.7 extraordinary expenses are as varied as there are people.
Example: Child wants to play hockey. One parent can't afford the entire cost (which I understand can cost thousands of dollars a year), so request financial help from the other parent. The other parent, for reasons known only to him/herself, refuses. Given the cost of taking it to court, many single parents just give up and tell child there isn't money to play hockey.
It ISN'T about what the parent(s) want, it's about helping the child realize their potential and pursue their interests. Even with married parents both working there may not be enough left over for one child to play hockey or pursue whatever the child is passionate about.
Nor is it about one parent signing up the child for what the parent wants the child to take.
My ex refused/refuses to pay for any extra-curricular activities (swimming lessons), contrary to the agreement (which has become a court order), so I paid for them myself until I could no longer afford them. So the kids are denied the opportunities.
"If the parties cannot agree, is it the Judge who decides what is and is not a qualified expense?" Yes, that's one of the reasons family court thrives.
Gym membership at the Y? Maybe, but probably not
Private guitar lessons? debateable
Special school trips (In excess of $100)? I think so, though I'd increase it to over $250, but I'm not a lawyer or Judge
Photography classes? debateable
School Fees? generally, no (unless they are really high, like for specialized programs as IB)
Kickboxing Membership? debateable
Example: Child wants to play hockey. One parent can't afford the entire cost (which I understand can cost thousands of dollars a year), so request financial help from the other parent. The other parent, for reasons known only to him/herself, refuses. Given the cost of taking it to court, many single parents just give up and tell child there isn't money to play hockey.
It ISN'T about what the parent(s) want, it's about helping the child realize their potential and pursue their interests. Even with married parents both working there may not be enough left over for one child to play hockey or pursue whatever the child is passionate about.
Nor is it about one parent signing up the child for what the parent wants the child to take.
My ex refused/refuses to pay for any extra-curricular activities (swimming lessons), contrary to the agreement (which has become a court order), so I paid for them myself until I could no longer afford them. So the kids are denied the opportunities.
"If the parties cannot agree, is it the Judge who decides what is and is not a qualified expense?" Yes, that's one of the reasons family court thrives.
Gym membership at the Y? Maybe, but probably not
Private guitar lessons? debateable
Special school trips (In excess of $100)? I think so, though I'd increase it to over $250, but I'm not a lawyer or Judge
Photography classes? debateable
School Fees? generally, no (unless they are really high, like for specialized programs as IB)
Kickboxing Membership? debateable
Epona
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That would be the ideal! But it isn't ever going to happen for so many (the overwhelming majority). Since two people can have very different ideas of how the kids are okay, family law thrives.
You state you "ex refuses to pay for expenses and court order in place". Does the Court Order specify for the Family Responsibility Office to reinforce the Order. That would be the best step to take. In my case, the order is written as follows: "50% of expenses which shall not be limited to swimming lessons, school uniforms, school trips, tutoring, ......". Shall be enforce by the FRO. I submit receipts with sworned statement calculated at 50%.
-photograph: yes, if pictures given
-private guitar lessons: any taken at school? is this to help him improve if taken courses at school? was guitar lessons taking during the marriage or something new?
The judge also looks at wht else the child is taking, what other expenses, the income of both parents, if a necessary? can it be taken somewhere else where cheaper.
Aren't we lucky we are not JUDGES~ they have tough decisions to make.
-photograph: yes, if pictures given
-private guitar lessons: any taken at school? is this to help him improve if taken courses at school? was guitar lessons taking during the marriage or something new?
The judge also looks at wht else the child is taking, what other expenses, the income of both parents, if a necessary? can it be taken somewhere else where cheaper.
Aren't we lucky we are not JUDGES~ they have tough decisions to make.
Epona
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The Court Order does NOT specify set amount each month for S.7 expenses. I requested (made a motion) that ex pay a monthly amount via FRO for medical and dental expenses in addition to child support. Judge didn't agree, even when I explained my difficulties receiving reimbursement for S.7 expenses. Disadvantage of not having a lawyer (me) and advantage to having lawyer who also serves as Deputy in Small Claims Court in the same courthouse (ex). I'm not permitted to make a motion without getting permission from the court first.
About_Time
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I pay for all sorts of S7 expenses which technically I probably shouldn't be, yet my ex still treats me like a deadbeat when I finally refuse something. Thankfully, I'm doing so for my children's benefit and not hers, so I just roll my eyes and get on with my day.
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