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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 96413
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Currently my ex and I are separated. We have been separated

Customer Question

Currently my ex and I are separated. We have been separated for 360 days and have no separation agreement. We have a parenting order for the four children who live with me for 100% of the time. One of the children needs expensive orthodontic treatment.
Can I get my ex to contribute to the cost? Despite no agreement on section 7 expenses being in place. If so how and what would be the process. Thanks.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

Are you saying that he will not agree?

Does he pay child support?

Customer: replied 1 year ago.
I haven't approached them yet. I currently have a mutual consent no contact order and I need to know if I can just file something at the court without section 7 being decided? Or do I need to wait until a judgement has been granted on the divorce? There is no child support being paid, although they are working. However they earn less than me and they have made no claim for spousal support.
Expert:  Legal Ease replied 1 year ago.

You do not need to wait to get a divorce judgment.

But you do need to get a court order if the other parent will not agree to contribute to section 7 expenses.

The way section 7 expenses work is that you each contribute to these expenses in proportion to your respective incomes. If this cannot be agreed upon you will need a court order.

Customer: replied 1 year ago.
Thank you. Would I need to do an affidavit or what form would I be using for the provincial court in Alberta?
Expert:  Legal Ease replied 1 year ago.

It is more than just a court form and an affidavit as you have to start an application if you haven't been to court before.

It is essentially suing. And for this reason you should first consult with a lawyer face-to-face even if you cannot retain the lawyer.

Customer: replied 1 year ago.
Thanks, ***** ***** the statement of divorce filed.
I need to have the PAS course form filed, how do I do that?
In what way does the support claim differ from https://albertacourts.ca/docs/default-source/Family-Justice-Services/fjs_making_applicn_with_claim_12.pdf?sfvrsn=0 ?Thanks
Expert:  Legal Ease replied 1 year ago.

You file the PAS court form at the courthouse.

If you started a Statement of Claim for the divorce the you should amend that to seek corollary relief and seek an order for the section 7 expenses.

You would not go to provincial court if there is an ongoing divorce application.

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