Section 7 Child Support Expenses in Ontario: Daycare, Medical, Activities

Table child support covers a child's everyday costs. Parents often ask who pays for the bigger items on top of that, such as daycare, braces, tutoring and sports. In child support law these are called section 7 special or extraordinary expenses.

This article explains where those expenses fit, how to raise them and what paperwork matters. Whether a particular expense qualifies, and how it is divided, depends on the facts, so a lawyer can confirm your situation.

What section 7 expenses are

For children under the age of majority, the presumptive amount is the table amount for the number of children, plus any section 7 special or extraordinary expenses. In other words, they are added to table support rather than being part of it.

The guidelines list 'expenses for post-secondary education' as one example. Whether other costs, such as daycare, medical or dental work, tutoring or activities, count in your case depends on the facts and on how the guidelines apply to them.

Common costs parents ask about

• Daycare and child care while a parent works or studies.
• Medical and dental costs that insurance does not cover, such as braces.
• Tutoring or other educational help.
• Sports, lessons and other activities.
• College or university costs, which are listed expressly.

Being on this list of common questions does not mean every cost will be shared. Cost, need and your family's circumstances all matter, and you should confirm with a lawyer before you assume a cost will be added.

Raising and proving the expenses

A claim for support requires a financial statement, which is Form 13, or Form 13.1 if property is also claimed. For a child support claim, the claimant must also serve proof of any special or extraordinary expenses.

Keep receipts, invoices, enrolment confirmations and records of what insurance paid. These help show what was spent and by whom.

After an order is made, each person whose income was used to set it must give every party their latest tax return and notice of assessment or reassessment. This is due no later than 30 days after each anniversary of the order, together with current information on section 7 expenses. The parties may agree otherwise.

Orders, agreements and age of the child

A separation agreement is unenforceable unless it is in writing, signed by the parties and witnessed. A party may file a domestic contract with the court clerk, with an affidavit (Form 26B), and the support provision can then be enforced as if it were a court order.

A court may disregard a domestic contract's child support provision if it is unreasonable having regard to the child support guidelines.

For a child at or over the age of majority, the amount is set by applying the guidelines as if the child were a minor, unless the court finds that inappropriate.

What to do next

• List each expense, the amount, how often it recurs and who has been paying.
• Collect receipts, invoices and insurance statements.
• Raise the expenses with the other parent and try to agree in writing.
• If you use the court, include proof of the expenses with your documents.
• Diarize the yearly disclosure date if you have an order.
• Ask a lawyer how the guidelines apply to a specific cost and how it might be shared.

Frequently asked questions