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Do I have to pay maintenance if I have joint custody?

Writer Matthew Wilson

the vast majority of parents assume that the parent who earns more than the other will pay child maintenance. That’s not right as under complicated child maintenance law rules if both parents equally share the care of their children neither parent will pay child maintenance to the other parent.

How section 7 expenses are divided?

The amount for the expense is divided proportionately based on the incomes of the parties. The person with the higher income is expected to pay more, but if both parents make the same amount of money, the cost of the special expense is split evenly between the parents.

What does Section 7 expenses include?

With regard to Section 7 Expenses, the Child Support Guidelines include the following expenses: child care expenses incurred as a result of the custodial parent’s employment, illness, disability, education or training for employment; post-secondary education expenses; and. extracurricular activities, if extraordinary.

How many nights a year is shared care?

52 nights
If shared care happens for an average of one night a week or more (at least 52 nights a year), this can affect the amount of child maintenance. The more nights that the child stays overnight with the paying parent the less child maintenance is due.

Can you refuse Section 7 expenses?

If the parties cannot agree on whether or not an item is a proper Section 7 Expense, or whether or not consent is being unreasonably withheld, they may need to seek the guidance of the court, mediator, parenting coordinator, or other family law professional.

Is a cell phone a section 7 expense?

Not all extra expenses for the child fall into the category of a Section 7 expense. In a shared parenting situation parents will often agree that additional expenses such as major clothing items, all extra-curricular, school supplies, school fees and cell phones are to be split either 50/50 or as a Section 7 expense.

Will joint custody affect my benefits?

The government has created a ‘no splitting’ approach to the benefit in shared custody arrangements. This means only one parent can claim for each child, and both parents are not able to claim for the same children.

Are cell phones a section 7 expense?

What are Section 7 child support payments for extraordinary expenses?

While there is a federal table that outlines child support guidelines, there are other expenses that fall outside of regular child support payments. These special child support payments for non-ordinary things are called Section 7 (the section of the legislation) or extraordinary expenses. What are Section 7 Child Support Payments For?

What are Section 7 expenses and how are they paid?

Section 7 expenses are paid to cover certain expenses that are not covered by the base Section 3 support amount. What do Section 7 Expenses include? Both parents must contribute to the cost of tuition, books and living expenses (if child is living away from home).

What expenses are shareable under the Child Care Act?

Section 7 of the Guidelines sets out what specific expenses would be shareable, which include: child care expenses that are required due to a parent’s employment, illness, disability, education or training for employment;

How are special child care expenses split in a divorce?

For example, if both parents have an equal income, then the special child care expenses will be split equally. If one parent earns $25,000 and the other parent earns $75,000, then the extraordinary expenses will be split 25% by the lower income earner and 75% by the higher income earner.