Family Law Blog

Can My Ex Use Her Benefits to Pay Her Half of Our Child’s Medical and Dental Expenses?

Writing a cheque for a child's medical expenses

Parents do have to share the cost of medical and dental expenses on top of base child support in Ontario and Canada. When parents separate, there are two parts of child support - the monthly base or table amount and special and extraordinary expenses.  Necessary health and dental expenses for their children are “special expenses” that separated parents always have to share in proportion to their incomes.


Frequently, parents have benefits available to them through work that pay some or all of prescription drug and other medical expenses, and dental expenses.  Other parents purchase health insurance to cover their children, because it is less expenses then paying the individual expenses - especially for children with health issues.  Sometimes when that parent has that insurance available, the parent tries to use the insurance to pay his or her share of the shared special or extraordinary expense.  However, that is not how things are supposed to be done.


If you are a parent who is paying or receiving child support, it can be important to pull up the Child Support Guidelines and actually read them:

Section 7(1)(c) says that the special expense that is shared is that part of the health related expense that exceed insurance reimbursement by $100 annually.  So, your ex cannot include the insurance reimbursement as part of the total expense that he or she shares with you.

However, s. 7(1)(b) says that if a parent is paying for the health insurance for the children, the portion of her health insurance premiums that a parent pays personal, that is attributable to the child is shared between both parents  as a special expense.  That means if the other parent is paying for health insurance for a child, and not just getting it free through work, then the other parent has to share in the cost of that insurance, in proportion to the parent’s respective incomes.


parents of children with disabilities  can claim large tax deductions

It is also important to remember that section 7(3) of the Child Support Guidelines says that when calculating the amount of the expense to be shared, the parent who incurred the expense must deduct the income tax credits and deductions available to him or her (whether or not he or she claims those credits and deductions).   Health care expenses, especially for children eligible for the Disability Tax Credit, can generate a large tax savings.  That tax savings has to be included in the calculation of what the parents share.  Some parents can get a tax deception for buying private health insurance.  So, no matter what, it is not the entire cost of the health expenses, or the health insurance that parents must share on top of base child support payments.


Although it is a common area of family law, child support is an issue on which parents frequently make mistakes that result in them either paying too much or receiving too little.  It can make good financial sense to speak to a Family Law Lawyer about child support matters to make sure the amount is right  in your particular situation.  Remember that for a parent seeking or enforcing child support, those legal fees are also tax deductible!  Discuss your child support issue with Certified Specialist in Family Law, John Schuman, by calling 416-446-5847, emailing him, or using the form below.


Guide to the Basics of Ontario Family Law, 3rd Edition

There is lots more to know about child support and special and extraordinary expenses - such as what expenses are special and extraordinary and what expenses are supposed to be paid out of base support and what expenses do not qualify to be shared at all.  You can get a much more complete explanation of special and extraordinary or section 7 expenses in the Guide to the Basics of Ontario Family Law, which is available as $9.99 e-book for KindleKobo, or iPad/iPhone/Mac and also as a $25.00 paperback version from Amazon.ca (and other retailers).

Guide to the Basics of Ontario Family Law Available on Kindle


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There are many other common mistakes that people make in family law matters. You can learn about them and how to avoid them on this website.  Use the search box at the top right of the page to look up other family law issues, or use the menu across the top.  If this page has help you, share it with others in your social network, using the buttons at the bottom of the page, to help them too.



What is Parenting Coordination? How Does It Work?

Parenting Coordinator working out an argument over a child

After separation, some parents either have difficulty, or worry that they will have difficulty, agreeing on matters related to the parenting of their children - even with a detailed parenting plan in place.  Parenting coordination is an alternative despite resolution (ADR) process that involves both mediation and arbitration to help parents implement the terms of their parenting plan without needing to go back to court every time there is a disagreement.


Ontario Family Law Podcast

35 - Resolving Children's Issues Outside of Court

Parenting Coordination is different from Parenting Mediation.   The purpose of Parenting Mediation is to assist parents in working out a Parenting Plan.  A Parenting Plan sets out how separated parents will parent their children.  It includes not only the schedule for where the children will live, but how the parents will make decisions for their children, when parents will go to children’s events, what discipline strategies they will use, what responsibilities each parent has, and how the parents will address virtually ever aspect of their children’s lives.   If parents cannot work out a parenting plan on their own, then they either go to court in a child custody case and have the judge decide, or go to family arbitration and have their arbitrator create the terms of the parenting plan.  This page sets out how judges decide child custody cases and create the terms of parenting orders.  This episode of the Ontario Family Law Podcast further explains of parenting mediation, parenting arbitration and parenting coordination, as well as other ADR options.


Where separated parents have difficulty getting along, it is common to have a parenting agreement or custody order that is very long and detailed so there a very few things for the parents to fight over.  The agreement or court order is supposed to provide the answer for every disagreement.  But there can still be situations that the parenting plan did not contemplate, or where it does not provide a clear answer.  When that happens, parents can get into an argument and “high conflict” parents may not be able to resolve the issue.  Parenting coordination is designed to help those parents and the children. 


The purpose of Parenting Coordination is to implement and enforce the custody order or parenting agreement - not to change it. A parenting coordinator has to follow the parenting plan and make sure the parents do the same. 


Parenting Coordination is a form of mediation/arbitration, which means the parenting coordinator acts a both mediator and arbitrator.  The parenting coordinator, who is often a social worker, child psychologist, or family law lawyer, tries to act as a mediator to help the parents overcome arguments and reach agreements on any matter related to the children.  If the parents cannot agree, then the parenting coordinator can act like an arbitrator and decide the matter.  (It is like the parenting coordinator has legal custody of the children because he or she has final decision making authority over the children, within the boundaries of the parenting plan.) 


The advantage of parenting coordinator is that it allows parents quick access to a method to resolve their parenting disputes, without the time and expense of going to court. Section 59.7 of the Family Law Act  allows parenting coordinator to use a “summary” or very simplified procedure when conducting an arbitration.  That means the parenting coordinator can try to “mediate” the dispute and if there is no easy resolution, the parenting coordinator can move on quickly to an expeditious arbitration that can use a very streamlined procedure, such as just relying on emails, or a brief phone call with both parties, rather than a full trial.  The only restrictions are that:

  1. the parenting coordinator cannot rely on anything that went on during the “mediation”; and
  2. in deciding anything related to the best interest of a child, the parenting coordinator must have full information about what is in the child’s best interests (including information about all the factors that a judge must apply when making decisions about parenting) and must apply that information and those factors to make the decision.

This allows for quick resolution of issues, such as what to do if a parent will not sign a travel consent, a parent stops visits, or a child refuses to go on visits.  Parenting coordination is much faster and much less expensive then going to court every time. In addition, if the parents sign a proper Parenting Coordination Agreement, the decisions of the Parenting Coordinator can be filed with the court and then enforced as a court order following the procedure under Rule 32.1 of the Family Law Rules.


The downside of parenting coordination is that it allows parents quick access to a method to battle out their parenting disputes, without the time and expense of going to court.   The big advantage to parenting coordination for some families can be its biggest problem for others.  If one or both parents just wants to continue to fight things out with the other parent, then parenting coordination gives a easy access to a forum to do that.  Sometimes that can perpetuate conflict, which is very harmful to those kids, because the parents can fight over every single tiny detail or issue over and over again.  In those cases, it may be better not to have parenting coordination and instead force the parents to pay the expenses associated with court and wait the (sometimes long) waits for a court date.  That makes it more difficult to fight over ever single little issue. 


Parents also have to pay for the professional fees of the parenting coordinator - although those can be less than court filing fees, or the fees required to have challenging court documents filled out by lawyers.  Also, most parenting coordination agreements allow the parenting coordinator to force one parent to pay all the fees because that parent has unreasonably caused conflict.


Deciding whether parenting coordination is right for your family, and perhaps which parenting coordinator would work best for you, is a complex question.  It is something you should speak to an experienced family law lawyer about to decide what is best for your family in your circumstances.  In any event, section 59.6(1) of the Family Law Act states that a parenting coordinator’s decisions are not legally binding unless both parties had legal advice prior to signing the agreement to use Parenting Coordination.  So you must speak to a Family Lawyer before signing up for parenting coordination.  


Guide to the Basics of Ontario Family Law (book)
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Guide to the Basics of Ontario Family Law Available on Kindle

To find out if parenting coordination is right for you, or to get advice on any other form of parenting dispute, contact Certified Specialist in Family Law, John Schuman, by emailing him, calling 416-446-5847 or using the form below to contact him.  We respond to all inquiries promptly.  You can get more information about parenting coordinator, other forms of alternative dispute resolution for family law matters, a description of family court process, and lots of information on most common family law topics by getting an immediate download of this $9.99 e-book for KindleKobo, or iPad/iPhone/Mac or ordering the paperback version.


Tens of thousands of people turn to this website every month for assistance with their family law concerns.  If you found this page useful, help other people find it by sharing it on your social network using the button at the bottom of the page.  Feel free to comment on this page using the form below.

Comments:

Grand View Law - Nice Post. I agree with you that parenting coordination allows parents to get quick access to a method to battle out their parenting disputes by saving time and money.


Am I in the Wrong Ontario Family Court to Get A Divorce?

courthouse_413

Ontario has three Family Courts.  Some municipalities, which are listed in Rule 1(3) of the Ontario Family Law Rules, have a Family Court of the Ontario Superior Court of Justice.  That court hears all Family Law matters.   However, the rest of the province has two separate courts that deal with Family Law Matters:  the Ontario Court of Justice and the Ontario Superior Court of Justice.  These two courts do different things and operate a little differently, although all Ontario Courts apply the Family Law Rules (except for appeals). Only the Superior Court of Justice can grant divorces, decide property matters, or make orders that an asset by held as security for a debt (including support arrears).   If you want to do any of those things (and most separating married couples do), then you must start your proceedings in the Ontario Superior Court of Justice.

Ontario Family Law Podcast - Episode 23 - Why You Need a Last Will and Testament

14 - Family Court Step by Step - Part 1 - Starting and Responding to Family Court Proceedings

However, if you are in the Ontario Court of Justice and you want to deal with the divorce or property issues, it is not a matter of transferring your case.

If you want a divorce, then the Court granting the divorce will make custody and access orders  under s. 16 of the Divorce ActDivorce Acts. 15.1 of the , child support orders under , and spousal support orders under s. 15.2 of the Divorce Act.  Due to some complicated constitutional reasons, Divorce Act Orders supersede orders made under Ontario's Family Law ActChildren's Law Reform Act and , which are the statutes that the Ontario Court of Justice uses (as it cannot make Divorce Orders.)  For that reason, section 36 of the Family Law Act and section 27 of the Child and Family Services Act both state that any proceedings under those laws (meaning proceedings in the Ontario Court of Justice) are stayed if one of the parties starts a divorce proceeding.

So, what that means is that if you start a Divorce proceeding in the Ontario Superior Court of Justice, the court proceedings in the Ontario Court of Justice stop automatically.   The Judges at the Superior Court of Justice will want to hear what the judges said in the Ontario Court of Justice, and will likely re-make the same orders (as long as they were not successfully appealed).  But, that is something you will have to address, probably at the case conference.  

But, be warned: If you are moving the case just because you do not like what the judges are saying in the Ontario Court of Justice, this case illustrates that you could get punished by an order to pay your spouse's costs (legal fees) for moving the case for an improper reason



Guide to the Basics of Ontario Family Law, 3rd Edition


You can learn a bit more about the family court process by watching the video above or listening to these podcasts (iTunes version here).  You can get a lot more information about Ontario Family Law issues, including a further explanation of family court process by downloading this $9.99 e-book for KindleKobo, or iPad/iPhone/Mac or ordering the paperback version.  But, to keep out of trouble, it is always best to speak with a top family law lawyer.
   Make an appointment with Certified Specialist in Family Law, John Schuman, by calling 416-446-5847, emailing him, or using the form below.  You can also use that form to comment on this page.If you found this page helpful, please share it on tour social network using the buttons at the bottom of the page.

Guide to the Basics of Ontario Family Law Available on Kindle


© John P. Schuman 2012-2017