J-Fae...

Bonus mom, dog mom, new sourdough mom...

[J-Fae... @AimingSouth]

Pretty darn rude of you to do that, like, why on earth would I just accept and confirm this downgrade in my flight that I paid extra for? No worries, I chose a later flight, but it's super shady of you to do this without at least telling me I'd be credited for downgrade in seat.

[J-Fae... @AimingSouth]

@AirCanada Just out of curiosity, when you changed the aircraft of flight 125 YYZ to YVR for June 1, why would you downgrade my seat from premium economy to just plain economy? Were you planning to credit me for that or no? No word of that in rebooking email.

[J-Fae... @AimingSouth]

@BCProvCourt @CBA_News

[J-Fae... @AimingSouth]

I need to know if I'm blatantly misunderstanding what reads as a fairly simple rule of law regarding the Canadian Federal Child support Guidelines, more specifically the section involving section 7 expenses, and I'm getting all worked up for nothing.

[J-Fae... @AimingSouth]

@BCProvCourt

[J-Fae... @AimingSouth]

Make this make sense!!

[J-Fae... @AimingSouth]

It also says earlier on that page:

"If you share parenting time, this step does not apply. In a shared parenting time situation, the expenses are based on the conditions, means, needs and other circumstances of you and your children and you can use your discretion to determine"

[J-Fae... @AimingSouth]

Special or extraordinary expenses are:

"child-care expenses that you may have to pay as a result of a job, an illness, a disability, or educational requirements for employment if your child spends the majority of the time with you"

[J-Fae... @AimingSouth]

Further to my point that it's only applicable to the parent with the majority - in the Federal Child Support Guidelines: Step by Step publication for parents it states this under how parent should work out Section 7 expenses

[J-Fae... @AimingSouth]

#bcfamilylaw #bccourts #bclaw #canadianlaw #childsupport

[J-Fae... @AimingSouth]

He's facing a severe financial situation as his mortgage is increasing significantly, and needs to find a way to ease the pinch somewhere. This was something he didn't address much with the judge, because we both thought the Guidelines are pretty clear & the judge would know them

[J-Fae... @AimingSouth]

Before you go thinking my husband is a deadbeat, he isn't. He has paid all his support on time, and even early, his ex wife took him to court over her child support being recalculated at a lower amount as her income increased.

[J-Fae... @AimingSouth]

I may be completely understanding it wrong, but my brain is screaming at me - "IF THEY DIDN'T MEAN IT'S ONLY FOR MAJORITY PARENTS, THEN WHY DOES IT SAY THAT!?!"

[J-Fae... @AimingSouth]

The judge in his case completely ignored the 'spouse who has the majority of parenting time' part.

My research into case histories on Canlii indicates that courts are
1. Still using the old wording
2. The majority part is being ignored
3. The wording has yet to be tested

[J-Fae... @AimingSouth]

What has me spinning in frustration, is that the courts are not interpreting it this way. My husband shares his kids 50/50, and was just ordered he must pay child care fees to his ex wife under section 7(1)(a).

[J-Fae... @AimingSouth]

If it wasn't specifically meant to be for parents with majority time, then why would it even be mentioned this way? The authors of the Guidelines would have just left that bit out and it would just generally apply.

[J-Fae... @AimingSouth]

My deduction, from simply reading the thing, as well as factoring in the wording revision, is that if neither parent has a majority, the child care expenses do not fall under Section 7.

It's LOGICAL, right? Language matters.

[J-Fae... @AimingSouth]

SO, this statute was changed to clarify the word 'custodial' to 'spouse who has the majority of parenting time;'

COOL. Understandable and nicely clarified, EXCEPT,

What is the interpretation when neither parent has a majority and parenting time is shared equally?

[J-Fae... @AimingSouth]

This was changed in 2021 from the prior version of

"(a) child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;"

[J-Fae... @AimingSouth]

"(a) child care expenses incurred as a result of the employment, illness, disability or education or training for employment of the spouse who has the majority of parenting time;"

[J-Fae... @AimingSouth]

Section 7 relates to the sharing of special or extraordinary expenses. Section 7(1)(a) states that the following may qualify as a Section 7 expense that is to be shared.