Section 7 Special and Extraordinary Expenses in PEI Child Support

Child support in Prince Edward Island is not always just one monthly number. Bills for child care, braces, counselling or hockey registration can add up quickly, and many parents are unsure who is expected to pay what.

This article explains how the federal child support rules treat these extra costs, which ones may qualify, how they are usually divided, and what to gather before you raise them. Every family is different, so a lawyer can confirm how this applies to you.

This article covers the law of Prince Edward Island.

How section 7 expenses fit with table support

The starting point for child support is the table amount. It is based on the paying spouse's income and the number of children under the age of majority, and any special or extraordinary expenses under section 7 are added to it.

The table used is the one for the province or territory where the paying parent lives, matched to that parent's income and the number of children. Section 7 expenses, such as child care, medical and dental premiums, health costs over $100 a year, and education or extracurricular costs, can be added on top of that table amount.

Which expenses can be added

Section 7 of the Federal Child Support Guidelines allows certain expenses to be added to the table amount. Examples include the following.

• Child care costs.
• Medical and dental insurance premiums.
• Health-related costs over $100 a year.
• Education costs.
• Extracurricular activity costs.

Whether a particular expense qualifies, and how much of it is reasonable, depends on the facts. How this applies depends on your situation, so it is worth confirming with a lawyer whether something like tutoring, a private lesson or a school trip is likely to count.

How the costs are usually shared

Section 7 expenses are generally shared in proportion to income. That means the parent with the higher income usually pays a larger share of the cost.

For example, if one parent earns twice as much as the other, that parent would generally be expected to cover about two thirds of a qualifying expense. This is only an illustration of the idea, not a calculation for your situation.

A spouse's income starts from the Total income line of the T1 General tax return, adjusted under Schedule III. The court can look at three years of income and can impute income, for example where someone is intentionally under-employed. If you and the other parent put your income agreement in writing, the court accepts it only if it finds the amount reasonable.

When other rules change the picture

Some parenting arrangements affect how support, including extra expenses, is worked out.

What to do next

Raising section 7 expenses goes more smoothly when you have clear records and a realistic idea of what you are asking for. Justice Canada advises settling child support, parenting arrangements, spousal support and property before applying, because unresolved issues lead to a longer, costlier court process.

• Gather receipts, invoices and quotes for the child care, medical, education or activity costs.
• Collect your recent tax returns and those of the other parent if you have them.
• Note how often each cost occurs and whether it is ongoing or one-time.
• Try to agree in writing on which expenses count and how they will be shared.
• Use the Justice Canada look-up only as an estimate of table support, since only the official Guidelines tables are binding.
• Speak with a lawyer if you cannot agree, or if shared parenting, high income or a child over the age of majority is involved.

Frequently asked questions