Section 7 Special or Extraordinary Expenses in Alberta: Who Pays?

Monthly child support is often only part of what it costs to raise a child. Child care, dental work, tutoring or hockey can add up quickly, and many parents wonder who is supposed to pay for them.

In Alberta, the rules for these extras come from section 7 of the child support guidelines. This article explains what section 7 covers, how the cost is divided, and what to do if you want to ask for it.

This article covers the law of Alberta.

How section 7 fits with table support

For a child under the age of majority, a child support order is the applicable table amount plus any amount for special or extraordinary expenses under section 7 of the Federal Child Support Guidelines. The table amount depends on the paying parent's annual income, the number of children and the payer's province.

Alberta uses the Federal Child Support Tables for support under both the Divorce Act and the Family Law Act.

Section 7 amounts are not automatic. They are provided when a spouse asks the court for them.

Which costs can be covered

On a spouse's request, the court may provide an amount for the following kinds of expenses.

• Child care expenses.
• The child's share of medical or dental insurance premiums.
• Health-related expenses above the insurance reimbursement, where the cost is $100 or more per illness or event (an annual threshold).
• Extraordinary expenses for primary or secondary school or other educational programs.
• Post-secondary education expenses.
• Extraordinary expenses for extracurricular activities.

For school and extracurricular items, the word extraordinary matters. These are expenses beyond what the requesting spouse can reasonably cover. If that does not apply, they are the expenses the court considers extraordinary, having regard to factors such as the amount relative to income, the nature and number of the child's activities, and any special needs.

How the split is decided

The guiding principle is that special or extraordinary expenses are shared by the spouses in proportion to their respective incomes, after deducting any contribution from the child. In plain terms, the parent with the higher income is generally expected to carry a larger share.

The court must also take into account any subsidies, benefits, and income tax deductions or credits that relate to the expense. This means the real cost to the family, not just the sticker price, is what gets shared.

Income is taken from the Total income line of the T1 General tax form, adjusted under Schedule III. The spouses may also agree in writing on income, and the court may accept the agreed figure if it is reasonable.

Older children and post-secondary costs

For a child who is the age of majority or over, the court may use the table amount or a different amount it considers appropriate. Post-secondary expenses may be added and shared in proportion to income after deducting the child's contribution, with subsidies, bursaries and tax credits taken into account.

Whether an adult child is still entitled to support depends on the child's situation, not on a fixed birthday. A lawyer can help you assess how this applies to your family.

What to do next

• Gather receipts, invoices and insurance statements for the expenses you want shared.
• Note any subsidies, benefits or tax credits that reduce the cost.
• Collect income documents, including tax returns and notices of assessment for the three most recent taxation years.
• Ask for the expense in the application, since the court provides it on request.
• Speak with a lawyer if the other parent disputes whether an expense is extraordinary or how much of it is shared.

If an order is already in place, a spouse must provide updated income documents on written request while the child is a child under the Guidelines. Requests can be made not more than once a year, and the documents are due within 30 days if the spouse is in Canada or the United States, or 60 days if elsewhere.

Frequently asked questions