Are you curious about what Section 7 expenses are? So you’ve paid your monthly child support on time and in full. Why are you still getting requests to pay for other things for the kids then?

As outlined in the Federal child support guidelines, there are different categories of child support.

The monthly base child support that is typically identified in court orders through the use of the Guideline Charts is what is known as base or section 3 child support.

Section 7 expenses of the guidelines state that there may be additional costs and support. You may be on the hook to pay for this and they are usually specific to the needs of each individual child.

The Importance of Section 7: Balancing Child-Related Costs

What are these potential add-on payments you might have to make? The government of Canada has characterized them as expenses that may be necessary.

This is because they are in the child’s best interest. They may be reasonable given the financial means of the child’s parents. This gives a fairly broad test as to what can constitute a Section 7 expense.

The most prevalent Section 7 expenses concern the care and general well-being of the child. These expenses might include daycare, dentists, and medical expenses.

What expenses are included in Section 7 expenses in family law?

Section 7 expenses, also known as “extraordinary expenses,” are child-related expenses that go beyond the basic necessities of food, clothing, and shelter. These expenses are typically considered to be above and beyond what is considered to be normal or usual living expenses and are considered to be necessary for the child’s well-being.

Section 7 expenses are typically determined by the court and are included in a child support order. The court will take into account the needs of the child, the ability of the parents to pay, and the circumstances of the case. Parents may be required to contribute to the expenses in proportion to their income.

It is important for parents to understand that the expenses are meant to provide for the best interest of the child and that the court will make a decision based on that principle. It is also important to note that expenses can be reviewed and altered in the future, as the child’s needs change.

How are Section 7 Expenses calculated?

The calculation of Section 7 expenses in family law can vary depending on the jurisdiction and the specific circumstances of the case. In general, the court will consider the needs of the child, the ability of the parents to pay, and the circumstances of the case when determining the amount of Section 7 expenses.

The court will look at the income of both parents and will determine the proportion of income that each parent should contribute to the expenses. This may be done by using a set percentage or by using a formula based on the income of both parents.

The court may also consider any special circumstances that may affect the calculation of the expenses. For example, if one parent has a higher income than the other, they may be required to contribute a higher percentage of the expenses.

Eligible Expenditures: What Qualifies as a Section 7 Expense?

If one parent is able to provide for the children’s needs more than the other, the court may take that into account as well.

It’s worth noting that the court will also consider whether there are any pre-existing agreements or agreements that have been reached between the parties regarding Section 7 expenses.

It’s important to remember that the goal of Section 7 expenses is to provide for the best interest of the child and that the court will make a decision based on that principle.

It is also important to note that expenses can be reviewed and altered in the future, as the child’s needs change. It is best to seek legal advice for a specific case, as the laws and regulations may vary from state to state and jurisdiction to jurisdiction.

Can Section 7 Expenses be altered or reviewed?

Section 7 expenses, also known as “extraordinary expenses,” are child-related expenses that go beyond the basic necessities of food, clothing, and shelter.

These expenses are typically considered to be above and beyond what is considered to be normal or usual living expenses and are considered to be necessary for the child’s well-being. As children grow, their needs change and as a result, Section 7 expenses can be reviewed and altered in Family Law.

The court has the authority to review and alter Section 7 expenses as the child’s needs change. This can be done through a motion to modify the child support order. A motion to modify can be filed by either parent or by the government agency responsible for enforcing child support orders.

The court will consider the child’s current needs, the parent’s current financial situation and any other relevant information in determining whether to modify the order.

Modify the order

It’s worth noting that the court will consider the best interests of the child when determining whether to modify the order. For example, if the child has started a new extracurricular activity that the court determines is in their best interest, the court may order an increase in Section 7 expenses to cover the costs associated with that activity.

If the child’s medical or special needs expenses have increased, the court may also order an increase in Section 7 expenses to cover those additional expenses.

Calculating and Dividing Section 7 Expenses: A Step-by-Step Guide

It’s also important to note that even if the parents agree to a modification of Section 7 expenses, the court must approve the agreement. The court will review the agreement to ensure that it is in the best interests of the child and that it is fair to both parents.

It’s important to remember that Section 7 expenses are meant to provide for the best interest of the child and that the court will make a decision based on that principle.

It’s also important for parents to understand that expenses can be reviewed and altered in the future, as the child’s needs change. It is best to seek legal advice for a specific case, as the laws and regulations may vary from state to state and jurisdiction to jurisdiction.

Section 7 Expenses Can Involve

• secondary school education
• disability or educational payments
• benefits or income tax
• medical and dental insurance premiums
• extracurricular activities
• income tax deductions
• subsidies benefits or income
• taking the child’s best interests into account
• child support tables
• tax deductions or credits
• special or extraordinary expenses
• federal child support guidelines

Federal Child Support Guidelines

Other expenses such as post-secondary education costs and extracurricular activities can often cause intense conflict between ex-spouses.

This is because they are not always clearly identified as qualifying as section 7 expenses.

If your child is playing recreational hockey, both parents are likely not going to argue that they should pay for the child’s equipment and team registration fees.

This same child is chosen to play for a provincial-level team where the team fees include travel expenses for national tournaments.

Other expenses might be additional equipment due to increased playing time, and higher registration costs as it is now an elevated level of hockey.

Depending on the spending capabilities of the parents, these fees may all be recognized as expenses.

Get help from a lawyer

The best way to combat the confusion and stress surrounding your child’s section 7 expenses maybe is to consult a family law lawyer.

You will need to work with your former spouse to establish mutual expectations. An understanding of your agreement concerning what fees are to be paid by who is important.

The Ontario courts have recognized and followed individual agreements constructed by parents concerning what constitutes expenses in their specific family law matters.

Documenting Child-Related Costs: Best Practices for Section 7 Expense Tracking

It is worth the extra effort to discuss these matters. Further, including them in your separation and parenting agreements is valuable. The alternative is facing future court battles in order to determine the issues later on.

These are basically additional expenses that are not covered under what the child needs to survive. It needs to be seen as being reasonable.

It needs to take into account the amount of money the other parents make. Normally, the parents need to contribute equally to cover Section 7 expenses.