Most separated parents are familiar with child support and the monthly table amounts paid from one parent to the other. But what about those additional, often unavoidable costs that come up for your child?

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You may find yourself paying more than just the basics. Perhaps your child needs braces, participates in recreational soccer or benefits from play therapy. Maybe you are sharing parenting time on a weekly basis but need childcare while you work.

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A common question that arises is whether the other parent is required to contribute to these expenses even if they do not agree with them.

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The answer is: possibly.

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Under the Federal Child Support Guidelines SOR/97-175 (the “Guidelines”), certain expenses may qualify as “section 7 special or extraordinary expenses.” Upon application by either parent, the court may order contribution toward all or part of these costs.

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What qualifies as a Section 7 expense?

S. 7 of the Guidelines list the following categories:

• (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;
  
• (b) that portion of the medical and dental insurance premiums attributable to the child;
• (c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including:
  
  • orthodontic treatment,
  • professional counselling provided by a psychologist, social worker, psychiatrist or any other person,
  • physiotherapy, occupational therapy, speech therapy, and
  • prescription drugs, hearing aids, glasses and contact lenses;
• (d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;
• (e) expenses for post-secondary education; and
• (f) extraordinary expenses for extracurricular activities.

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How are Section 7 expenses shared?

When an expense qualifies, it is generally shared proportionately to the parent’s incomes.

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For example:

• If both parents earn roughly the same income, let’s say around $80,000 per year, the expense is typically shared 50/50.
• If one parent earns substantially more than the other, then their share of the expense will be more than the other parent. For example, if one parent earns $100,000 and the other earns $25,000, the higher-oncome parent may be responsible for approximately 75% of the expense with the other parent contributing 25%.

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A word of caution about unilateral expenses

Before you set off on incurring substantial expenses without consultation of the other parent, it is important to maintain communication and provide ample detail surrounding upcoming expenses. While the Guidelines do not require the parents’ agreement in order for an expense to qualify as a s.7 expense, the Court is reluctant to order contribution where one parent incurs significant costs without consulting the other parent and seeking their agreement where possible, particularly if reimbursement is sought long after the expense was incurred. This type of behaviour is viewed to be generally unreasonable. See: Younger v Younger, 2017 BCSC 363 .

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What about fun extracurricular activities?

This is a topic that often causes confusion and frustration amongst separated parents. Sports, music lessons, dance classes and similar activities are common life activities, but the Guidelines stipulate that only the extraordinary expenses related to these activities can qualify under section 7.

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The British Columbia Court of Appeal, in the decision Bodine-Shah v. Shah, 2014 BCCA 191 helpfully set out some guidance on assessing extraordinary expenses. Whether an extracurricular expense is “extraordinary” depends on factors such as:

• The combined incomes of the parents,
• Whether the expense is reasonable and necessary, taking into account necessity relative to the child’s special interests and reasonableness relative to the means of the spouses, the child, and the spending pattern prior to separation.
• In determining means, the overall financial means of the parents, including assets, debts and support obligations, and
• any other relevant factor including a lack of consultation of the other parent.

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In short, many common costs are not usually considered extraordinary. These include expenses such as entertainment, pets, vacations, school fees and supplies, allowances, meals outside the home, personal grooming, clothing, a computer and other technologies, and activities of an average child in relation to recreational activities such as dance lessons, community sports, and ski trips are not in the usual course extraordinary. See: Clarke v. Clarke, 2014 BCSC 824 .

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Final thoughts

As you may see, Section 7 expenses are rarely black and white. What qualifies depends on various factors, including your family’s specific circumstances, your child’s needs and how and when the expenses are raised. Timing, documentation and communication between parents all play a significant role. Because these issues can quickly become contentious and convoluted, it is often best to consult with a family lawyer early to understand your rights, obligations and options. Thoughtful planning and proper advice can make a meaningful difference in how these matters are resolved and our office would be happy to assist you in navigating this matter.

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