Section 7 Special and Extraordinary Expenses in Saskatchewan

Table child support covers a child's everyday costs, but some costs are bigger or less predictable: daycare, medical needs, tuition. Parents often ask whether these are paid on top of the table amount.

This article explains how section 7 of the Federal Child Support Guidelines works in divorce cases in Saskatchewan, what it covers, and how the costs are split. Whether a specific expense qualifies depends on the facts, so confirm with a lawyer.

This article covers the law of Saskatchewan.

How the basic child support amount is set

Child support orders under the Divorce Act must be made in accordance with the applicable guidelines, and this applies to interim orders as well. The presumptive amount is the table amount for the paying spouse's province plus any section 7 special or extraordinary expenses.

The table used is that of the province where the payor habitually resides, with a different rule where the payor lives outside Canada. Section 7 expenses are therefore an addition to the table amount, not part of it.

Because section 7 expenses are shared by income, the income figures matter on both sides. Income is determined under sections 15 to 20 of the Guidelines. In plain terms, that means both parents' finances are usually looked at, so it helps to have your records ready.

What section 7 covers

Special or extraordinary expenses under section 7 include child care, health and education costs, and they are shared in proportion to the spouses' incomes. Whether a particular cost qualifies, such as a specific medical treatment, private school fees or an activity, depends on the details and on the Guidelines' wording, so check before assuming it will be shared.

• Child care: costs of caring for a child.
• Health: costs for a child's health needs.
• Education: costs connected to the child's schooling.

How the costs are split

Under section 7, special or extraordinary expenses are shared in proportion to the spouses' incomes. Income for child support starts from the Total income on the T1 General tax form, adjusted under Schedule III. The court may look at the last three years of income, and it may impute income, for example for intentional under-employment.

Disputes, changes and process

If parents disagree about an expense, the Divorce Act says that, to the extent appropriate, you should try to resolve the matter through a family dispute resolution process. Since July 1, 2022, family law matters coming to court anywhere in Saskatchewan are required to attempt a family dispute resolution process by the close of pleadings before continuing with further court proceedings. However, you can apply to the court for an exemption from this requirement where there has been interpersonal violence, the other parent has abducted a child, or there is other urgency.

Section 7-4 of The King's Bench Act, 2023 deals with family mediation by recognized family mediators, and section 3-1 of The King's Bench Regulations sets the membership requirements for recognized family mediators. In Saskatoon and Regina, the Court of King's Bench Family Practice Directive #7 requires a judicial case conference before certain chambers applications and lists compliance with the s. 7-4 dispute resolution requirement among the pre-conditions to seeking an order.

A court may vary, rescind or suspend a support order, prospectively or retroactively. If costs or circumstances change, such as a new daycare need, how to seek a change depends on your situation, so it is worth confirming with a lawyer.

What to do next

• Collect receipts, invoices and statements for the child care, health or school costs.
• Gather recent income tax returns and notices of assessment for both parents.
• Write down the parenting schedule, since 40% of time or more changes the calculation.
• Try to agree on which expenses are covered before they are incurred.
• Speak with a lawyer if you disagree about whether an expense qualifies.

Frequently asked questions