
Special or Extraordinary Expenses are paid for over and above child support. They are meant to pay for the children’s non day-to-day expenses. This can include the children’s extracurricular activities, daycare, private school, post-secondary tuition fees, and medical or dental expenses. They would not include items like groceries, diapers, or clothing, except in exceptional circumstances, as these expenses are meant to be covered by child support.
The children’s special or extraordinary expenses are usually shared by the parents in proportion to each of their incomes. Remember, if you are paying your spouse spousal support, that is a deduction on your income and attributed as income to the recipient spouse.
If you have young children, you will have to do a cost-benefit analysis with your lawyer to determine whether you are insisting that your spouse return to work full-time to reduce the spousal support you may owe, is worth it. It may be the case that your spouse returning to work will mean that your children will need to go to full-time or part-time daycare.
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The profusion of law shows on television are popular, entertaining, and misleading. Television needs drama, the thrill of surprise witnesses and last-minute discoveries. Family Court does not. The court deals in process and procedure, tools that exist to ensure a fair playing field for both parties—and no surprises.
In the interest of fairness, the court mandates full disclosure.
Can you represent yourself in Family Court?
Short answer: Yes, absolutely.
Should you represent yourself?
Short answer: It depends.
Whether or not you should represent yourself depends on you and your case, and on the people and issues involved.
In the previous post, we talked about settlement, about the court’s expectation that you and your soon-to-be ex resolve most, if not all, of your issues before your case ever gets to Trial. But just how are you supposed to accomplish this impossible task? Offers to Settle.
Going to Court does not mean you will be going to Trial. In fact, a case could be made that Family Court’s whole raison d’être is to help you avoid Trial. In Ontario, less than 1% of Family Law cases go all the way to Trial. You do not want to be part of that 1%.
Fair warning. It’s a wearying slog to the courthouse. Be prepared for the journey, from first step to last, to take anywhere from several months to two years. If your situation is complicated, or you and your spouse are adversarial, or sometimes just because of court delays, it may well take much longer.
The marriage is over. You know it. You haven’t talked separation yet, or mentioned the D word, but it’s there, waiting…
It’s too soon to consult a lawyer, isn’t it? Not yet, not at this stage. It doesn’t seem right to call before you and your spouse have even had the conversation. That would be mean, wouldn’t it?
No.
Okay, all the Applications, Affidavits, and documents have been signed and served. You and your ex have traded paperwork back and forth. You’ve even managed to settle some of the issues between you. The clock is ticking down to your day in court and you’re ready.
Almost.