In Ontario, when parents separate or divorce, child support is a key consideration to ensure the financial needs of the children are met. While basic child support covers essential living expenses such as food, shelter, and clothing, there are additional costs that fall under what is known as Section 7 expenses. These are special or extraordinary expenses that are not included in the base child support amount.

What Are Section 7 Expenses?

Section 7 of the Federal Child Support Guidelines outlines expenses that go beyond basic child support. These are considered necessary to ensure the child’s well-being and development, and typically, both parents share these costs proportionally, based on their incomes.

Some common examples of Section 7 expenses include:

1. Child Care Costs: This can include daycare, before and after school care, and any other expenses for childcare required while a parent is working, attending school, or undergoing training.
2. Medical and Dental Expenses: Any health-related costs not covered by insurance are included under Section 7. This includes orthodontics, prescription medications, eyeglasses, therapy, and other necessary medical treatments.
3. Educational Expenses: Costs for post-secondary education, tutoring, or other educational needs like school trips, books, and tuition fees.
4. Extracurricular Activities: Activities such as sports, music lessons, or dance classes that contribute to a child’s physical, social, or mental development can be considered extraordinary expenses if they are deemed reasonable and necessary.
5. Private School Fees: If the child is enrolled in a private school and it is part of the family’s past practices or in the child’s best interest, this cost may also be covered.
6. Expenses for Special Needs: Costs associated with caring for a child with a physical or mental disability, including therapies, special equipment, or support staff.

How Are Section 7 Expenses Shared?

Parents typically share Section 7 expenses in proportion to their respective incomes. This means if one parent earns significantly more than the other, they may be responsible for covering a greater share of these expenses. The process involves calculating each parent’s income and determining their percentage share of the total combined income.

For example:

• If Parent A earns $70,000 per year and Parent B earns $30,000 per year, their total combined income is $100,000.
• Parent A’s share would be 70%, and Parent B’s share would be 30% of any Section 7 expenses.

Disputes and Agreement on Section 7 Expenses

While the law provides general guidelines, parents sometimes disagree on what qualifies as a Section 7 expense or whether certain costs are reasonable. In such cases, courts may intervene to assess the necessity and reasonableness of the expense in question. Factors considered include:

• The financial situation of both parents
• The historical spending habits of the family
• The child’s best interests

To avoid conflicts, it is advisable for parents to discuss these expenses ahead of time and document any agreements made, ideally with the assistance of legal professionals.

Modifications and Changes Over Time

As children grow and their needs evolve, Section 7 expenses may also change. Educational costs, for example, might increase if the child goes to university or post-secondary school. Either parent can request a review or modification of Section 7 expenses based on changes in circumstances, such as significant changes in income or the child’s needs.

Conclusion

Section 7 expenses are an essential component of child support in Ontario, ensuring that children receive the financial support necessary for their overall development and well-being. Understanding what qualifies as a Section 7 expense and how these costs are divided helps parents ensure fair and balanced financial contributions towards their children's upbringing. When in doubt, consulting with a family law professional can help clarify any specific concerns and prevent disputes.