Who Pays for Braces and Dental Work Under Child Support in Ontario?

An orthodontist quotes a large bill for braces, and you are not sure whether the other parent has to help. Whether and how the cost is shared depends on your order or agreement and your situation.

This article explains how braces and other dental costs are treated as special expenses under the child support rules, how the cost is usually divided, and what paperwork you need. Your own order or agreement controls, so read it first.

Braces as a special or extraordinary expense

The Guidelines let a court, on either parent's request, provide for an amount to cover all or part of certain listed special or extraordinary expenses. In Justice Canada's example, a special expense is paid in addition to the basic table amount.

Health-related expenses are on that list. They count where they exceed insurance reimbursement by at least $100 annually, and orthodontic treatment is named as an example. Justice Canada's guide says the same: health costs count only above $100 a year not covered by insurance, with orthodontics, counselling, medication and eye care as examples. The portion of medical and dental insurance premiums attributable to the child is a separate category.

The rules referred to here are the federal Guidelines. Ontario has its own guidelines that are similar and apply to unmarried or separated couples under the Family Law Act, so check the section numbers and your own order.

How the cost is divided

Special expenses are shared by the parents in proportion to their incomes, after deducting any contribution from the child. The court must also take into account subsidies, benefits and income tax deductions or credits relating to the expense.

Justice Canada gives an example. A parent earning $80,000 of a combined $155,000 paid about $516.13 per month toward a $12,000 yearly special expense, in addition to a $765 basic table amount. That shows the method: add the incomes, work out each parent's share of the total, and apply that share to the cost.

Start with the insurance. Many dental plans cover part of orthodontic work, so only the portion not reimbursed is in play, and only if it passes the $100 yearly threshold.

Other costs that may be shared

Common issues and limits

• Existing order: your order or agreement may already say how dental costs are shared. Follow it unless a court changes it. Only a court can change the amount of support.
• Shared parenting: where each parent has the child at least 40% of the time, the court must consider the table amounts for each parent, the increased costs of shared parenting and each household's circumstances.
• Dispute over the choice of treatment: how this is decided depends on your situation, so it is worth confirming with a lawyer. A dentist's or orthodontist's letter explaining the treatment can help.
• Child care or other items: these are treated differently from health costs, and the court considers subsidies and tax credits for child care.

What to do next

Deal with the cost before the treatment starts if you can, since agreement in advance avoids arguments later.

• Get the treatment plan and a written quote from the orthodontist.
• Ask your insurer how much it will reimburse and compare the rest with the $100 yearly threshold.
• Send the other parent the quote and your proposed split, in writing, based on incomes.
• Keep every receipt. Receipts are required if you claim special expenses through the Family Responsibility Office.
• If the other parent refuses, review your order or agreement and speak to a family lawyer about asking the court for an amount.

Frequently asked questions