Section 7 Expenses in Ontario: What Are Special or Extraordinary Expenses?

In addition to regular Child Support, many parents are surprised to learn that they may also be required to contribute toward certain additional expenses for their children.

These expenses are commonly referred to as Section 7 Expenses, named after Section 7 of the Federal Child Support Guidelines.

A common question parents ask is:

What are Section 7 Expenses in Ontario?

Understanding Section 7 Expenses is important because these costs can be significant and are often the source of disputes between separated parents.

What Are Section 7 Expenses?

Section 7 Expenses are certain child-related expenses that may be shared by parents in addition to regular Child Support.

The purpose of these expenses is to ensure that children continue to benefit from important opportunities, services, and activities that support their development and well-being.

Unlike regular Child Support, which is generally determined using the Child Support Guidelines, Section 7 Expenses are assessed separately.

What Types of Expenses Qualify as Section 7 Expenses?

Common examples include:

• Childcare expenses;

• Daycare costs;

• Before-school and after-school programs;

• Medical and dental expenses not covered by insurance;

• Prescription medications;

• Orthodontic treatment;

• Counselling or therapy;

• Private school tuition in certain circumstances;

• Tutoring expenses;

• Post-secondary education expenses;

• Competitive sports programs;

• Significant extracurricular activities.

Not every child-related expense automatically qualifies as a Section 7 Expense.

What Does "Special or Extraordinary" Mean?

Ontario courts generally examine whether an expense is:

• Necessary for the child's best interests; or

• Extraordinary given the family's financial circumstances.

The court may consider:

• The nature of the expense;

• The child's needs and talents;

• The family's spending history;

• The financial circumstances of both parents.

Every case is fact-specific.

Who Pays Section 7 Expenses?

Typically, parents share Section 7 Expenses proportionate to their incomes.

For example:

• Parent A earns 70% of the combined parental income;

• Parent B earns 30% of the combined parental income.

In many cases:

• Parent A pays 70%;

• Parent B pays 30%.

The exact allocation depends on the financial circumstances of the parties.

Are Section 7 Expenses Included in Child Support?

No.

Regular Child Support and Section 7 Expenses are separate obligations.

A parent paying Child Support may still be required to contribute to Section 7 Expenses.

Likewise, receiving Child Support does not automatically mean the recipient parent bears all additional child-related costs.

Do Parents Need to Agree Before Incurring an Expense?

Ideally, yes.

Many disputes arise because one parent incurs a substantial expense without consulting the other parent.

Whenever possible, parents should discuss:

• The nature of the expense;

• The anticipated cost;

• Available alternatives;

• Whether the expense is necessary.

Advance communication often reduces conflict and litigation.

What About Sports and Extracurricular Activities?

Competitive sports and extracurricular activities are among the most common sources of Section 7 disputes.

Examples may include:

• Hockey;

• Soccer;

• Dance;

• Figure skating;

• Golf;

• Music programs;

• Elite athletic training.

The court may consider:

• The child's history of participation;

• The child's talent and commitment;

• The cost of the activity;

• The family's financial resources.

Not every extracurricular activity will qualify as a Section 7 Expense.

What About Private School?

Private school tuition can sometimes qualify as a Section 7 Expense.

The court may examine:

• The child's educational needs;

• Historical attendance at private school;

• Special educational circumstances;

• The financial ability of the parents.

Private school expenses are frequently disputed and often depend on the specific facts of the case.

What About University and College Costs?

Post-secondary education expenses frequently qualify as Section 7 Expenses.

Potential costs include:

• Tuition;

• Books;

• Residence fees;

• Meal plans;

• Transportation costs.

Courts often examine:

• The child's educational plans;

• Available financial assistance;

• Scholarships;

• Student loans;

• Contributions from the child.

Post-secondary expense cases can be complex and highly fact-specific.

Can a Parent Refuse to Pay Section 7 Expenses?

A parent may challenge whether an expense qualifies as a Section 7 Expense.

Common disputes involve:

• Whether the expense is necessary;

• Whether the expense is reasonable;

• Whether proper consultation occurred;

• The amount of the expense.

If the parties cannot agree, the issue may ultimately be determined by the court.

What Documents Should Be Kept?

Parents should maintain records such as:

• Invoices;

• Receipts;

• Registration forms;

• Insurance reimbursement records;

• Educational records;

• Communication regarding approval of expenses.

Good documentation can significantly reduce future disputes.

How Can a Family Lawyer Help?

Section 7 Expense disputes often involve:

• Income calculations;

• Allocation percentages;

• Educational expenses;

• Medical expenses;

• Competitive sports programs;

• Retroactive claims.

An experienced Ontario family lawyer can help determine whether an expense qualifies under the Child Support Guidelines and how costs should be allocated.

Conclusion

Section 7 Expenses can represent a significant financial obligation in addition to regular Child Support. Childcare, medical costs, educational expenses, and extracurricular activities may all qualify under certain circumstances.

Because disputes frequently arise regarding whether an expense is necessary, reasonable, or extraordinary, obtaining legal advice can help parents understand their rights and responsibilities.

If you have questions regarding Section 7 Expenses, Child Support, Parenting Arrangements, or other Ontario family law matters, contact Wei Wang Law Professional Corporation to discuss your specific circumstances.

About Wei Wang Law Professional Corporation

Wei Wang Law Professional Corporation focuses exclusively on Family Law matters in Ontario and is located in North York, Toronto, Ontario, Canada. For contact information and office details, please search "Wei Wang Law Professional Corporation" on Google.

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Disclaimer

This article is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as legal advice for any specific situation. Every family law matter is unique. Readers should consult a qualified family lawyer regarding their individual circumstances before making legal decisions.

For legal advice or assistance with Family Law matters in Ontario, please contact Wei Wang Law Professional Corporation。👇