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ulysses101
ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3446
Experience:  Over 10 years litigation experience in family, criminal, and civil law
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One daughter, recovering section 7 question: My ex refuses

Customer Question

Hello,
One daughter, recovering section 7 question: My ex refuses to provide income details annually without me serving a Notice to Disclose'. Even when I receive her income details she never pays her portion of the section 7 (school trips, medical expenses etc). It recently transpired that my has medical cover and but refuses to give details for coordination of benefits (ex would claim first as her birthday is ***** in the year). I recently paid a medical expense for my daughter and provided my ex with invoice and receipt for her to submit and reimburse me. Now she refuses to reimburse me, and I cannot submit to my insurance as they are aware my ex has coverage.
I'm tired of being given the run around and am thinking of forcing the issue by deducting the section 7 amounts I am owed gradually from my monthly child support payments over the next year. Please advise if this is acceptable, or provide alternative.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  ulysses101 replied 1 year ago.

Hello, thank you for the question. I have dealt with this before.

While it's tempting to say that one should be entitled to deduct from child support the amounts owed back to you from the support recipient for s.7 expenses, I don't recommend you do that. Yes, it should all come out in the wash. But child support is child support, and expenses are something else. Unless your court order or agreement calls for you to be able to make that deduction, you'll technically wind up in arrears of the child support. If you're paying her directly rather than through provincial support enforcement, you'll likely find that she registers with enforcement in order to get around your deductions. If the support is already being provincially enforced, your deductions won't be recognized by that agency unless the court order or agreement allows for that.

A court order would be the cleanest way to fix this, although going back to court is a pain. What you need is an order that she co-operate with your access to her benefits directly. Orders like that can be dicey because each benefits plan is different.

Unless your ex enjoys going to court, this is something you should be able to work out with each other. I recommend as a first step getting a lawyer to write her a letter. A simple letter shouldn't cost much, just to get it started, and if you have to take it to court the letter will show that you tried to resolve it amicably but she didn't co-operate and you were forced yet again to go to court. The letter should remind her of her ongoing obligation for income disclosure (I hope you're providing yours, otherwise it turns into a he said / she said where each blames the other for not disclosing and that's why they didn't disclose) and offering to open a dialogue on how these expenses should be addressed, failing which you'll be going to court again and vigorously seeking costs for the unnecessary litigation.

She's obviously not in the mood to be co-operative with you, so don't write the letter yourself. Get a lawyer to do it. She's more likely to pay attention to it and know that you're serious.

Anything else about this situation you'd like to discuss? If I've answered you, I'd appreciate a positive service rating please. That's how I get credit from the site for helping you today.

Expert:  ulysses101 replied 1 year ago.

I'm not observing that you've viewed my response yet. I'm here if you want to discuss anything further.

Expert:  ulysses101 replied 1 year ago.

Have you made any progress with negotiations regarding the s.7 expenses? Anything new to discuss?

I won't bug you further. If you have got the help you need elsewhere then that's good. Don't forget about your deposit to the site, if you made one. If you don't want to rate or spend the deposit then you can ask the site for your money back or leave it for a future question. But I'm here if you like.

Ulysses

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