When parents separate or divorce in Ontario, child support is typically calculated using the Federal Child Support Guidelines. While the table amount of child support covers a child’s everyday living expenses, certain additional costs may fall outside of regular support payments. These are known as Section 7 Expenses, also referred to as Special and Extraordinary Expenses.
Understanding Section 7 expenses is essential for parents who share financial responsibilities after separation. These expenses can significantly affect the total amount each parent contributes toward raising their child and are often a source of disagreement in family law disputes.
In this comprehensive guide, we explain what Section 7 expenses are, which costs qualify, how they are divided between parents, and how Ontario courts determine whether an expense is reasonable and necessary.
What Are Section 7 Expenses?
Section 7 expenses are special or extraordinary costs incurred for a child that are not covered by the basic child support amount outlined in the Federal Child Support Guidelines.
The term “Section 7” comes from Section 7 of the Guidelines, which allows courts to order parents to contribute separately to certain necessary expenses that exceed ordinary child-rearing costs.
These expenses are generally shared by both parents in proportion to their respective incomes.
Why Section 7 Expenses Exist
The Child Support Tables are designed to cover routine expenses such as:
- Food and groceries
- Housing costs
- Basic clothing
- Transportation
- School supplies
- General day-to-day living expenses
However, some children have additional needs or participate in activities that create significant costs beyond normal household expenses. Section 7 expenses ensure that these important costs are shared fairly between parents.
What Expenses Qualify Under Section 7?
Not every expense qualifies as a Section 7 expense. To be eligible, the expense must generally be necessary for the child’s best interests and reasonable considering the parents’ financial circumstances.
1. Child Care Expenses
Childcare costs often qualify when they are necessary because a parent:
- Is employed
- Attends school
- Receives employment training
- Has a medical condition preventing childcare responsibilities
Examples include:
- Daycare fees
- Before-school programs
- After-school care
- Summer childcare programs
- Nanny expenses related to employment needs
2. Medical and Dental Expenses
Healthcare costs not covered by insurance may qualify as Section 7 expenses.
Examples include:
- Prescription medications
- Orthodontic treatment
- Dental procedures
- Vision care and glasses
- Counselling services
- Psychological treatment
- Physical therapy
Generally, courts expect parents to use available health insurance benefits before sharing remaining costs.
3. Educational Expenses
Certain educational expenses may qualify when they are necessary to support a child’s educational development.
Examples include:
- Private school tuition
- Special education programs
- Tutoring services
- Learning disability support programs
- Required educational assessments
The court will often examine whether the expense was historically incurred before separation and whether it is in the child’s best interests.
4. Post-Secondary Education Costs
University and college expenses are among the most common Section 7 expenses in Ontario.
These may include:
- Tuition fees
- Textbooks
- Residence costs
- Meal plans
- Student fees
- Transportation expenses
Courts typically consider the child’s own financial contribution, scholarships, grants, and student loans before determining each parent’s share.
5. Extracurricular Activities
Some extracurricular activities qualify as Section 7 expenses if they are considered extraordinary relative to the family’s financial circumstances.
Examples may include:
- Competitive hockey
- Elite soccer programs
- Dance academies
- Gymnastics training
- Music lessons
- Competitive swimming
- Provincial or national sports participation
Courts often examine the cost of the activity, the child’s level of involvement, and whether participation was established before separation.
What Makes an Expense “Extraordinary”?
One of the most common questions parents ask is how courts determine whether an expense is extraordinary.
Ontario courts generally consider:
- The cost of the activity or service
- The income of both parents
- The family’s spending patterns before separation
- The child’s needs and talents
- The number of children involved
- The overall financial impact on each parent
An activity that may be ordinary for a high-income family could be considered extraordinary for a lower-income household.
How Are Section 7 Expenses Shared Between Parents?
Unlike regular child support, Section 7 expenses are usually divided proportionately according to each parent’s income.
This means each parent contributes based on their percentage of the combined parental income.
Example of a Section 7 Expense Calculation
Assume:
- Parent A earns $90,000 annually
- Parent B earns $60,000 annually
- Combined income = $150,000
Parent A earns 60% of the combined income, while Parent B earns 40%.
If a qualifying Section 7 expense totals $5,000:
- Parent A pays $3,000 (60%)
- Parent B pays $2,000 (40%)
This proportional approach helps ensure fairness based on each parent’s ability to contribute.
Do Parents Need to Agree Before Incurring Section 7 Expenses?
Ideally, parents should discuss and agree on major expenses before they are incurred.
Courts often consider:
- Whether the expense was necessary
- Whether consultation occurred
- Whether the cost is reasonable
- Whether both parents had an opportunity to participate in the decision
Unilateral decisions can sometimes create disputes, particularly when the expense is significant.
Can a Parent Refuse to Pay Section 7 Expenses?
A parent cannot automatically refuse to contribute simply because they disagree with the expense.
However, courts may deny reimbursement if:
- The expense is unnecessary
- The expense is unreasonable
- Proper consultation did not occur
- The cost exceeds what is appropriate for the family’s circumstances
Each case is evaluated based on the child’s best interests and the parents’ financial situations.
Documentation Required for Section 7 Expenses
Proper documentation is critical when claiming special and extraordinary expenses.
Parents should maintain:
- Receipts
- Invoices
- Contracts or enrollment agreements
- Insurance reimbursement statements
- Proof of payment
- Medical recommendations when applicable
Accurate records help prevent disputes and support court applications if necessary.
Common Disputes Regarding Section 7 Expenses
Some of the most common disagreements involve:
- Private school tuition
- Competitive sports fees
- Tutoring costs
- Post-secondary education contributions
- Medical treatment expenses
- Luxury extracurricular activities
Courts examine each expense individually and balance the child’s needs against the parents’ financial resources.
Relationship Between Child Support and Section 7 Expenses
Many parents mistakenly assume that child support payments cover all child-related costs.
In reality, Section 7 expenses are separate from basic child support obligations. Even when a parent pays full table child support, they may still be required to contribute to qualifying special or extraordinary expenses.
For a more detailed explanation of qualifying expenses, contribution calculations, and legal considerations, visit our complete guide on Section 7 Special and Extraordinary Expenses in Ontario.
How Ontario Courts Determine Section 7 Expenses
When disputes arise, courts generally ask two key questions:
- Is the expense necessary for the child’s best interests?
- Is the expense reasonable considering the parents’ financial circumstances?
If both conditions are satisfied, the court may order both parents to contribute proportionately.
Tips for Parents Managing Section 7 Expenses
- Communicate before major expenses are incurred.
- Keep detailed financial records.
- Review expenses annually.
- Update income information regularly.
- Use written agreements whenever possible.
- Seek legal advice when disagreements arise.
Final Thoughts
Section 7 expenses play an important role in ensuring children continue to receive educational, medical, childcare, and extracurricular opportunities following a separation or divorce. These special and extraordinary expenses are separate from regular child support and are generally shared based on each parent’s income.
Understanding which expenses qualify, how contributions are calculated, and how courts assess disputes can help parents avoid conflict and make informed decisions that prioritize their child’s well-being.
When uncertainty exists regarding eligibility, contribution amounts, or enforcement, consulting an experienced Ontario family lawyer can help protect both your rights and your child’s best interests.
Frequently Asked Questions (FAQs)
What are Section 7 expenses in Ontario?
Section 7 expenses are special or extraordinary child-related costs that are not included in regular child support payments and are typically shared by both parents.
Are extracurricular activities considered Section 7 expenses?
Some extracurricular activities may qualify if they are extraordinary in cost or important to the child’s development and best interests.
How are Section 7 expenses divided?
They are generally shared proportionately according to each parent’s income.
Do both parents need to agree on Section 7 expenses?
While agreement is preferred, courts may still order contribution if the expense is necessary, reasonable, and in the child’s best interests.
Is university tuition a Section 7 expense?
Yes. Post-secondary education expenses commonly qualify as Section 7 expenses and may be shared between parents after considering the child’s contribution.
