When it comes to supporting children after a separation or divorce, the obligations of parents go beyond basic child support. In Ontario, these additional costs are often referred to as Section 7 expenses, named after the relevant provision in the Child Support Guidelines.
Section 7 expenses cover special or extraordinary costs that are over and above regular child support. They are intended to ensure children can access necessary opportunities and maintain a reasonable standard of living.
What Expenses Can Be Claimed?
Section 7 expenses are typically shared proportionally between parents based on their incomes. Examples include:
- Childcare costs, including before/after school programs
- Medical and dental expenses not covered by insurance
- Educational costs, like tutoring, school supplies, or extracurricular programs
- Extraordinary expenses for special needs, therapy, or counselling
It’s important to note that ordinary living expenses, such as clothing, food, and routine school fees, are considered part of base child support and are not Section 7 expenses.
How Are Section 7 Expenses Calculated?
- Determine Eligible Costs – Only expenses that meet the criteria under the Child Support Guidelines are considered.
- Proportional Sharing – Each parent contributes according to their income relative to the other parent. For example, if Parent A earns 60% of the combined income and Parent B earns 40%, they would contribute 60/40 toward eligible Section 7 costs.
- Documentation – Receipts and records are essential. Courts or mediators will require proof of the expenses claimed.
What If Parents Disagree?
Disagreements over Section 7 expenses are common. Options to resolve disputes include:
- Negotiation and informal agreement
- Mediation or collaborative law sessions
- Court application for determination
Courts will consider the child’s best interests and each parent’s ability to pay when making a decision.
FAQ
Not necessarily. For an extracurricular activity to qualify, it must be considered “extraordinary” based on factors like the cost relative to the parents’ incomes and the child’s needs or talents. Routine or low-cost activities may not meet this threshold.
In some cases, yes—especially if the expense is necessary (such as urgent medical care). However, for non-urgent or significant costs, courts generally expect that both parents were consulted in advance.
Yes. As children grow, their needs often evolve. For example, younger children may require childcare, while older children may have increased educational or extracurricular costs, which can affect the type and amount of Section 7 expenses.
Some expenses, such as childcare or certain medical costs, may have tax implications. Typically, any available tax benefits are factored in before determining each parent’s share of the net expense.
Key Takeaways
- Section 7 expenses cover extraordinary costs beyond basic child support.
- Parents share these costs proportionally based on income.
- Proper documentation is required to claim these expenses.
- Disputes can be resolved through negotiation, mediation, or court.
- Understanding Section 7 ensures children have access to opportunities and care appropriate to their needs.
A family lawyer can help clarify what qualifies as a Section 7 expense, calculate your share, and assist in negotiating or enforcing these payments.
