Tuesday August 7, 2018

Hockey Gear, Braces & Cell Phones: Sharing Children’s Expenses following Separation

Authored by: Jessica D. Chapman Posted in: Family Law

“Section 7 expenses” can generally be described as “special or extraordinary expenses” for a child with separated parents that share expenses in addition to child support.

Section 7 of the Federal Child Support Guidelines provides a definition of special and extraordinary expenses, which includes:

  1. child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;
  2. that portion of the medical and dental insurance premiums attributable to the child;
  3. 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;
  4. extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;
  5. expenses for post-secondary education; and
  6. extraordinary expenses for extracurricular activities.

In addition to child support, these expenses are usually paid in proportion to the parent’s incomes and are net of any subsidy or benefit.  For an expense to be considered a section 7 expense, it must be reasonable and necessary in the circumstances, considering the best interests of the child. 

Parents often dispute whether a certain expense should qualify as a Section 7 expense. Generally speaking, childcare costs which allow a parent to work or attend school, as well as uninsured medical and dental expenses, are usually found to qualify as Section 7 expenses and should be shared between the parties. Other expenses, such as extracurricular activities, private school, post-secondary education, cell phones, equipment and travel, just to name a few, are less straightforward and often disputed.

The Courts have employed a very broad and fact-specific interpretation of what should be considered a Section 7 expense and Decisions are often made on a case by case basis, depending on the evidence presented to the court.

To speak with a member of our family law team regarding your Section 7 Expense questions, or any family law matter, please call 902-469-9500 to schedule your free 30 minute consultation.

 

Share This Post:

Ask a question about this post.

Any Questions

Recent Blog Posts

Blog Post | Wednesday May 15, 2019

Our Family Law Team

Posted in: Family Law

Our Family Law team focuses on resolving issues in families as quickly as possible, through either mediation or litigation. While we do our best to resolve matters through non-confrontational means, when it is necessary to pursue litigation, our Family Law Litigation Team has depth of experience.

Read full article
Blog Post | Tuesday May 7, 2019

Do You Need a Record Suspension?

Authored by: Terrance G. Sheppard Posted in: Criminal Law

A record suspension allows individuals who have been convicted of a criminal offense, but have served their time or demonstrated good behaviour, to have their criminal record kept private.

Read full article
Blog Post | Tuesday April 30, 2019

Canadian Trade-mark Law is Losing the Hyphen!

Authored by: Marc J. Belliveau Posted in: Intellectual Property

On June 17, 2019, five years after the Harper government made countless amendments to the Trade-marks Act (the “Act”) in omnibus budget legislation (Bill C-31 of 2014), the famous Canadian hyphen (inside the word “Trade-marks” of the Act’s title) will become a thing of the past.

Read full article
Blog Post | Thursday April 25, 2019

Cottage Wars: Estate Planning and the Family Cottage

Authored by: George M. Clarke Posted in: Wills & Estates

As the May long weekend approaches, those with cottages will be turning their minds to the annual tradition of heading to the shore, lake or river to open up the cottage.

Read full article