Special or Extraordinary Expenses in BC Child Support: Section 7

You may have worked out the table amount of child support and then wondered who pays for daycare, braces, hockey or university. Those costs often add up to more than people expect, and parents in British Columbia regularly disagree about them.

The Federal Child Support Guidelines deal with these costs under section 7, often called special or extraordinary expenses. This article explains what section 7 covers, what "extraordinary" means, and how the cost is divided.

This article covers the law of British Columbia.

The table amount plus section 7

The presumptive child support amount is the table amount for the paying parent's province plus any section 7 amount. The table amount is based on the payor's income only and is not affected by the recipient's income. Section 7 is where both parents' incomes come into play.

Courts in British Columbia must follow the guidelines when making child support orders under the Family Law Act. The same is true under the Divorce Act. So a section 7 claim is part of the same guideline-based calculation, not a separate kind of support.

The six categories in section 7(1)

On a parent's request, the court may add an amount for the following expenses:

• Child care expenses related to employment, illness, disability, or education or training for employment.
• The child's share of medical and dental insurance premiums.
• Health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontics.
• Extraordinary expenses for primary or secondary school or other educational programs.
• Post-secondary education expenses.
• Extraordinary extracurricular expenses.

Because the court acts on a parent's request, these amounts are not necessarily added on their own. If you are paying or receiving support, it is worth raising them clearly.

What "extraordinary" means

For school expenses and extracurricular expenses, "extraordinary" means costs that exceed what the parent requesting the amount can reasonably cover. Ordinary-sized costs for those items are not added. This means the same activity can be extraordinary for one family and ordinary for another, depending on the requesting parent's means.

That test applies to school and extracurricular costs only. Child care, insurance premiums, health costs over the $100 threshold and post-secondary costs have their own wording in the list above.

How the cost is shared

Section 7 expenses are shared by the parents in proportion to their respective incomes, after deducting any contribution the child is able to make. The court must also take into account related subsidies, benefits and tax deductions or credits.

A parent's income for this purpose is generally determined from the Total income heading of the T1 General tax form, adjusted under Schedule III. If both parents agree in writing on a parent's annual income, the court may accept that amount if it is reasonable given the income information provided.

In plain terms, the parent with the higher income is generally responsible for the larger share of an eligible cost, because the split follows each parent's income. If the child is able to contribute, for example from a summer job, that contribution is deducted before the cost is divided. Subsidies, benefits and tax deductions or credits related to the expense are also taken into account. The actual figures depend on both parents' incomes and the real cost of the expense, so it is worth confirming with a lawyer how this applies to your situation.

Post-secondary costs and adult children

Section 7(1)(e) lets the court add post-secondary education expenses, shared in proportion to income after the child's own contribution. British Columbia guidance says a child still in school or university may remain dependent after 19.

Under the Family Law Act, a child for support purposes includes a person 19 or older who cannot obtain the necessaries of life or leave their parents' charge because of illness, disability or another reason. For a child who has reached the age of majority, the amount is either the guideline amount as if the child were a minor, or an amount the court considers appropriate given the child's condition, means and needs and each parent's ability to contribute. Whether your situation fits is fact-specific, so a lawyer can confirm.

What to do next

• List each expense, who pays it, how often, and what insurance, subsidies or credits reduce it.
• Gather receipts, invoices and proof of the child's own income, if any.
• Gather income documents for both parents, such as T1 General returns.
• Check whether your existing order or agreement already addresses these costs.
• Get legal advice before applying to add or change a section 7 amount.

Frequently asked questions