Who Pays for Daycare, Braces and Activities? Section 7 in Nova Scotia

Basic child support covers everyday costs, but some expenses are bigger and less predictable: daycare so you can work, orthodontics, a private tutor, hockey fees, or university tuition. Parents often disagree about who pays for these and in what share.

In Nova Scotia these costs are dealt with under what is called section 7 of the Child Support Guidelines. This article explains what section 7 covers, how the cost is split, and how to ask for it. It does not give dollar table amounts, which change and are worth checking against the current table.

This article covers the law of Nova Scotia.

How section 7 fits with table child support

For a child under the age of majority, the child support amount is the table amount for the payor's province, plus any section 7 amount. In Nova Scotia, the Provincial Child Support Guidelines use the table of the province where the payor ordinarily lives.

So section 7 is an add-on, not a replacement. The table amount is the starting point, and special or extraordinary expenses are layered on top when they apply.

For a child who has reached the age of majority, the court may apply the Guidelines as if the child were a minor, or, if that is inappropriate, set an amount based on the child's condition, means and needs and each parent's ability to contribute.

Which expenses can qualify

On request, the court can add amounts for the following categories:

• Child care expenses.
• The child's share of medical and dental insurance premiums.
• Health-related costs above insurance of $100 or more a year.
• Extraordinary primary or secondary school expenses.
• Post-secondary education.
• Extraordinary extracurricular activities.

The words "extraordinary" matter for school costs and activities. Whether a particular expense is extraordinary depends on the facts, including the family's circumstances, so a lawyer can help you judge whether a specific cost is likely to qualify.

The court adds them when someone asks

Section 7 amounts are added on request. That means you should not assume they will be included automatically. If you want a share of daycare or activity costs, raise it in your application, your agreement or your response, and be ready to show what the expense is and what it costs.

Useful things to gather include receipts, invoices, the daycare contract, insurance details and any letters from health providers or schools.

How the cost is shared

Section 7 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 any subsidies, benefits, or tax deductions or credits relating to the expense. This means the real cost to the family, not just the sticker price, is what gets shared.

Income for this purpose is worked out under sections 15 to 20 of the federal Guidelines, starting from the T1 General "Total income". The court may look at income over the last three years, and may impute income it considers appropriate.

Where claims are heard and how they are enforced

Divorces and the related parenting, child support and property matters are heard in the Supreme Court of Nova Scotia (Family Division), and since January 1, 2022 family matters are handled under Rule 59 of the Civil Procedure Rules.

The Maintenance Enforcement Program (MEP) is a free Nova Scotia service that helps people pay or receive court-ordered child or spousal support. The payor sends money to MEP, which passes it to the recipient. Enrolling an order with MEP is optional, and MEP cannot enforce an order that is not enrolled. Its tools include garnishing wages, benefits, and bank and investment accounts, and requesting suspension of a driver's licence or revocation of a passport.

Whether a particular share of a section 7 expense can be collected through MEP depends on how your order is worded, so check this with a lawyer or MEP.

What to do next

• List the expenses you want shared and note which category each falls under.
• Collect receipts, contracts and proof of any subsidy or tax credit.
• Gather recent tax returns (T1 General) for both parents, if you can.
• Ask for section 7 amounts in your agreement or court documents, since they are added on request.
• Make sure the final order sets out how and when the shares are paid, and consider enrolling it with MEP.
• Speak with a lawyer if the other parent disputes income or whether an expense is extraordinary.

Frequently asked questions