- Section 7 lets a court order parents to cover certain extra child costs on top of the Guideline table amount.
- The listed categories include child care, medical and dental premiums, health expenses, school costs, post-secondary education and extraordinary extracurriculars.
- The court looks at necessity for the child's best interests and reasonableness given the parents' means and the family's pre-separation spending.
- The guiding principle is sharing in proportion to the parents' incomes, after deducting any contribution from the child.
Base child support is meant to cover everyday costs like food, housing and clothing. But children also come with bigger bills: daycare while you work, braces, a private school, a competitive sport. Who pays for those is a common source of conflict after separation.
The Child Support Guidelines address this in section 7. It sets out a list of extra expenses a court can order parents to share. This article walks through the list, how a court decides, and how the split is normally worked out.
What section 7 expenses are
Section 7 allows a court to order that certain expenses be covered, in whole or in part, and the amount may be estimated. The Guidelines cited here are the federal ones, and Ontario's guidelines mirror them. Because the wording of Ontario's regulation was not compared line by line, a lawyer can confirm any detail that matters to you.
The list is specific. An expense that does not fit a listed category is a harder claim to make, which is why the wording matters.
The categories a court can order covered
| Category | What the Guidelines say |
|---|---|
| Child care | Costs that arise from the custodial parent's employment, illness, disability, or education or training for employment |
| Insurance premiums | The child's portion of medical and dental insurance premiums |
| Health-related expenses | Costs that exceed insurance reimbursement by at least $100 annually |
| School expenses | Extraordinary expenses for primary or secondary school or for other educational programs |
| Post-secondary education | Expenses for post-secondary education |
| Extracurricular activities | Extraordinary expenses for extracurricular activities |
Notice the word extraordinary in the school and activity categories. Tutoring, a private school tuition or a rep sports program may or may not qualify depending on the cost, the child's needs and the family's circumstances. Ordinary, modest activity costs are generally not what the section is aimed at, and a lawyer can help you assess a specific expense.
How a court decides whether an expense qualifies
Falling into a listed category is not enough. In deciding whether to order a section 7 expense, the court takes into account the necessity of the expense in relation to the child's best interests, and its reasonableness in relation to the means of the spouses and the child and to the family's spending pattern before separation.
- Necessity: does the child actually need this, for their well-being or development?
- Reasonableness: can both households afford it given their incomes?
- History: did the family spend this way before separation, such as already paying for a sport or lessons?
A costly program the family never used before, which one parent chooses alone, may face more questions than a long-standing activity the parents both supported. Talking about big expenses beforehand and putting agreement in writing can avoid disputes later.
How the cost is shared
The guiding principle is that section 7 expenses are shared by the spouses in proportion to their respective incomes, after deducting any contribution from the child. A child's contribution could be, for example, money the child earns or receives that is put toward the cost.
Proportional sharing means the higher earner usually pays the larger share. If one parent earns twice as much as the other, that parent would generally cover about two thirds of the shared cost. The exact outcome depends on the court's findings, and the percentages may change if incomes change.
If circumstances change or the burden is too heavy
If incomes or a child's needs change, the amounts may need to be revisited. Where an order includes a table amount, any change that would result in a different order or part of it counts as a change in circumstances for variation.
Separately, a court may award a different amount of child support where a spouse would otherwise suffer undue hardship, such as from an unusually high level of reasonably incurred debts or unusually high expenses of exercising parenting time. Even then, the request must be denied if the claiming spouse's household would have a higher standard of living than the other's after the Guideline amount is set. Those are specific tests that deserve legal advice.
What to do next
- Check whether your order or agreement already addresses section 7 costs and how they are split.
- List each expense, which category it fits, its amount and whether it is a one-time or ongoing cost.
- Keep receipts, invoices, insurance statements and proof of what the benefits plan paid.
- Gather both parents' current income documents, since the split follows income.
- Agree on big new costs in writing before they are incurred, if you can.
- Speak to a family lawyer if the other parent refuses to pay or you are unsure whether an expense qualifies.
Frequently asked questions
Is daycare a section 7 expense?
It can be. Child care costs that arise from the custodial parent's employment, illness, disability, or education or training for employment are listed. The split follows the parents' incomes.
Do tutoring and sports always have to be shared?
No. The Guidelines refer to extraordinary school and extracurricular expenses, and the court weighs necessity and reasonableness. Whether a particular tutor or activity qualifies depends on the facts.
Do I split section 7 costs 50/50?
Not necessarily. The guiding principle is sharing in proportion to the spouses' incomes, after deducting any contribution from the child.
Can the court order an estimated amount?
Yes. Section 7 expenses may be ordered in whole or in part, and the amount may be estimated. That can help with costs that are hard to predict.
Sources
- Federal Child Support Guidelines, SOR/97-175, s. 10(1) (Ontario's guidelines mirror the federal ones) — Justice Laws (federal)
- Federal Child Support Guidelines, s. 14 — Justice Laws (federal)
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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