School online for the rest of the year. Overnight camps cancelled. No summer sports leagues.
For separated parents, these changes to summer plans bring extra challenges. Separated parents need to decide what activities are safe during Covid-19, often together with an “ex” who may have a very different view of what is considered okay during these times. And, then there is figuring out how to share the cost of paying for them. Here are 10 tips to follow:
1. If you have a court order or separation agreement, check to see what it says and follow the rules.
2. Share information in advance even if joint decision making is not required. Recent court decisions show that more information must be shared between parents during Covid-19 because of the health implications of all of our activities, particularly when a child is spending time with each parent’s household. Make sure that the activity in question complies with local public health guidelines.
3. Consider if the cost is covered by regular child support payments or if an extra payment is required from the other parent. Check s. 7 of the Child Support Guidelines for the list of what counts for extra payments (https://www.ontario.ca/laws/regulation/970391). Work-related childcare costs and extra-ordinary expenses for school and extra-curricular activities qualify. That means that the cost for babysitting while you work, buying a computer or other device for your child’s online schooling, or tutoring costs could be shared by both parents.
4. Cost sharing is based on the parents’ comparative incomes, not 50/50. Take changes to each parent’s income as a result of Covid-19 into account.
5. Be flexible. Consider substituting one expense for another if the other parent agrees. If you have an Agreement or court Order that says a parent has to pay specific amounts for soccer, but there is no soccer right now, consider using the soccer money to pay for upgraded internet or tutoring if that is what your child needs now.
6. Remember that the expense must be reasonable and necessary: Necessary in the sense that it is important for your child’s development and “best interests”; Reasonable considering your ability to pay for it as well as your ex’s ability to contribute to the shared cost.
7. If the Family Responsibility Office is enforcing s.7 expenses with a child support order, talk to your “ex” about what should happen with the money paid for expenses that are currently cancelled. You could use it for another activity, you could pay it back to your “ex” or you could count it as paying off past support arrears. No matter what you decide, be reasonable and put it in writing.
8. Plan for the future. What will happen when pandemic restrictions are eased and regular activities resume? Remember that how you deal with s.7 expenses now will have an impact on your relationship with your “ex” and your children ,and your credibility in court, long after the pandemic is over.
9. If you cannot agree with your “ex”, get help from a dispute resolution professional. Lawyers, mediators, social workers and parenting coordinators are all working remotely and can help resolve these disputes. Use court as a last resort since there are backlogs because of the suspension of regular services during Covid-19.
10. Change the court order if you need to. If FRO garnishment of child support including s.7 expenses is causing financial hardship, consider going back to court to change the order. If you and your “ex” agree consider filing a consent motion by form 14B. What court process and forms you should use depends on whether the order is temporary or final and where you live. Get advice from a lawyer to make sure you choose the right process for your situation.