Who Pays for Daycare, Medical Costs and Activities in Alberta?

Monthly child support usually covers a child's everyday costs. Then the daycare invoice, the orthodontist's quote, the tutoring bill or the hockey registration arrives, and parents wonder who pays. Many assume the monthly amount already covers these costs. Often it does not.

Child support rules have a separate category for these items, called special or extraordinary expenses, or section 7 expenses. This article explains what they are, how they are shared, and how they apply to older children in school.

This article covers the law of Alberta.

The table amount and section 7 expenses are separate

For a child under the age of majority, the amount of a child support order is the applicable table amount plus any amount for special or extraordinary expenses under section 7 of the guidelines. The table amount is driven by the paying parent's annual income, the number of children and the province of the payer. Section 7 expenses are added on top rather than folded into that figure.

Section 7 amounts are not automatic. The court may provide for them on a spouse's request. If you want these costs shared, you or your lawyer generally need to raise them in your agreement or application.

The six categories, and what makes a cost extraordinary

Section 7(1) lists the kinds of expenses the court may provide for:

• Child care expenses.
• The child's share of medical or dental insurance premiums.
• Health-related expenses that go over insurance reimbursement, once they reach the $100 threshold.
• Extraordinary expenses for primary or secondary school or other educational programs.
• Post-secondary education expenses.
• Extraordinary expenses for extracurricular activities.

Something outside these categories, such as an ordinary household cost, is generally not a section 7 expense. A lawyer can tell you whether a particular cost fits.

Not every school fee or sports registration qualifies. For school and extracurricular items, expenses are extraordinary if they are beyond what the requesting spouse can reasonably cover. If that does not apply, they are those 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. The result depends on the facts.

How the costs are 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. If one parent earns considerably more, that parent generally covers a larger share.

The court must also take into account any subsidies, benefits, or income tax deductions or credits relating to the expense. A child care cost, for example, may be reduced by a tax deduction or a subsidy before it is divided. Keep receipts and records of any benefits you receive.

Adult children and post-secondary costs

Alberta sets the age of majority at 18, but support for a child 18 or older is not simply cut off at a fixed age. It depends on whether the child remains a dependent, for example as a full-time student. For a child of the age of majority or over, the court may use the table amount or, if it finds that inappropriate, another amount it considers appropriate.

Post-secondary education expenses may be added under section 7(1)(e) and shared in proportion to income after deducting the child's contribution, with subsidies, bursaries and tax credits considered. Whether a particular child still qualifies depends on their circumstances, so get advice about your situation.

Divorce Act or Family Law Act: same approach

Divorcing spouses proceed under the Divorce Act, and the Federal Child Support Guidelines apply unless both spouses are habitually resident in a province designated by order. Unmarried, separated-but-not-divorced and adult interdependent partners proceed under Alberta's Family Law Act and the Alberta Child Support Guidelines.

The Alberta guidelines adopt the Federal Child Support Guidelines in Schedule 1, and the federal tables are used under both statutes. Because the Alberta guidelines adopt the federal tables, the table amounts are the same either way.

What to do next

• List the expenses you want shared and what each costs.
• Collect invoices, receipts and insurance statements.
• Note any subsidies, benefits, tax credits or contributions from the child.
• Gather income documents for both parents, since sharing follows income.
• Check whether your order or agreement already addresses these costs.
• Ask a lawyer how your order applies, especially for adult children or disputed activities.

If you already have an order and an expense is not covered, it may be possible to seek a change. A lawyer can explain the options.

Frequently asked questions