What are special or extraordinary expenses under Family Law in BC? How do Section 7 Expenses differ from basic child support? In this blog, we’ll define Section 7 Expenses and highlight key information needed to navigate child support complexities.
How Basic Child Support Differs From Section 7 Expenses
A child support claim commonly includes a claim for basic child support calculated or determined under the Federal Child Support Guidelines (the “Guidelines”) and a claim for section 7 special or extraordinary expenses, sometimes called Section 7 Expenses, that is made available by Section 7 of the Guidelines. Section 7 expenses are costs paid on top of basic child support. It might not be relevant in every family case, but in cases where it is relevant, it can be heavily disputed.
Examples of Section 7 Expenses
If a parent who primarily provides care to the child(ren) needs to go to work or is unable to take care of the child(ren) due to illness or disability resulting in incurred child care expenses, such expenses will qualify as Section 7 Expenses. Expenses incurred for post-secondary education are a common category of Section 7 Expenses. If a child has proven special needs, then extraordinary expenses for primary or secondary school education or a special education program would also qualify.
Expenses that Might Be Considered Section 7 Expenses
If parents dispute about whether a parent should be contributing to certain expenses, the court will be invited to determine whether the expenses in dispute qualify as Section 7 expenses. Expenses that might be considered Section 7 expenses include:
- some extracurricular activities
- competitive dance or sport programs
- private school tuitions
- cellphones.
However, there is no guarantee that certain expenses will receive approval from the court or the other parent, even if it fits into one of these categories.
Some Expenses Will Not Be Considered Section 7 Expenses
Children’s clothing or meals outside the home are not considered Section 7 Expenses, neither are costs of entertainment, vacations, pets (other than therapy pets), school supplies, or home computers. Recreational sports and other similar extracurricular activities where the participation does not go beyond that of the “average child” are unlikely to be considered Section 7 Expenses. Necessary travels for parenting time purposes are an exception.
Necessary and Reasonable Expenses
The court is directed by the Guidelines to look at how necessary and reasonable an expense is to decide whether it should be shared by the parents as a Section 7 Expense. A necessary need of one child might not be as necessary to another. The
finding of reasonableness often depends on the financial circumstances of the parents and the pattern of spending prior to the separation of the parents.
If you are looking to receive an assessment or considering making a claim for section 7 special or extraordinary expenses, lawyers at Westside Family Law are pleased to help with their expertise in this area of law.