Under the Federal Child Support Guidelines, Section 7 special expenses in Manitoba are generally divided proportionally based on each parent’s income, rather than a 50/50 split. If one parent earns $70,000 CAD and the other $30,000 CAD, the higher earner typically pays 70% of eligible costs like daycare, tutoring, or braces.
Navigating financial responsibilities after a separation can feel overwhelming. Most parents understand the concept of basic monthly child support, which is intended to cover everyday necessities like groceries, clothing, and regular shelter. However, as children grow, they inevitably encounter larger, unforeseen costs that standard child support simply cannot cover. These are legally referred to as “special or extraordinary expenses,” or commonly, Section 7 expenses.
Whether your child requires expensive dental work in Winnipeg or enrolls in a high-level hockey programme in Dauphin, figuring out who foots the bill is a common source of friction. 📈 In this comprehensive guide, we will explain exactly how Section 7 expenses are defined and calculated in Manitoba. To ensure your child receives the financial backing they deserve, consider speaking with a family lawyer from our directory to formalize your support agreement.
Step-by-Step Process for Handling Section 7 Expenses
Sharing these major costs requires transparency and ongoing communication between separated parents. The Manitoba Court of King’s Bench follows federal guidelines strictly to ensure fairness. Here is the general process for dealing with these special expenses.
Step 1: Identify if the Expense Qualifies
Not every cost is a Section 7 expense. 🔍 The law strictly defines what qualifies. Generally, eligible expenses include child care expenses incurred as a result of employment or education, medical and dental insurance premiums, uninsured health-related expenses (like orthodontics or prescription drugs), extraordinary expenses for primary or secondary school, post-secondary education, and extraordinary extracurricular activities.
Step 2: Calculate the Net Cost
Before splitting the bill, you must calculate the true, out-of-pocket cost. You cannot charge the other parent for the gross total if you are receiving financial assistance. You must subtract any tax deductions, government child care subsidies, or medical insurance coverages from the total receipt before calculating each parent’s proportional share.
Step 3: Exchange Income Information Annually
Because these costs are shared proportionately to income, both parents must know exactly what the other earns. 📄 You are generally required to exchange your complete tax returns and Canada Revenue Agency (CRA) Notices of Assessment every single year. You use Line 15000 (Total Income) to determine the ratio. For example, if the combined family income is $100,000, and you earn $60,000, your share of the net expense is 60%.
Step 4: Request Payment with Receipts
You cannot simply demand money without proof. The parent incurring the cost must provide clear, legible copies of the invoices and receipts to the other parent in a timely manner. It is best practice to agree on a major expense, like private school or expensive travel sports, in writing before the money is actually spent.
Step 5: Formalize in a Court Order or Agreement
To make the payment legally enforceable, the proportional split must be clearly outlined in your final separation agreement or a formal order from the Court of King’s Bench. 👮 If the other parent consistently refuses to pay their legally mandated share, your lawyer can assist you in filing an application to have the support enforced through the Maintenance Enforcement Program (MEP) of Manitoba.
How Much Do Special Expenses Cost in Manitoba?
The financial impact of Section 7 expenses varies greatly depending on the child’s age and specific needs. Here are some realistic costs you might encounter in Canadian dollars (CAD).
- Child Care / Daycare: Even with government subsidies in Manitoba, out-of-pocket day care costs can range from $200 to $600 CAD per month.
- Orthodontics (Braces): A standard course of braces typically costs between $5,000 and $8,000 CAD over two years.
- Post-Secondary Education: Tuition at the University of Manitoba usually costs between $5,000 and $7,000 CAD per academic year, not including books or residence.
- Lawyer Fees: If you must hire a family lawyer to legally enforce or vary a Section 7 support order, expect to pay between $1,500 and $5,000+ CAD.
How Long Does the Process Take?
Managing extraordinary expenses is not a one-time event; it is an ongoing obligation until the child is no longer a dependent.
- Annual Review: Parents should exchange their tax information and recalculate their percentage share every year, typically in June or July after taxes are filed.
- Court Applications: If parents cannot agree on an expense and must go to court, getting a hearing date and final decision can take 3 to 6 months.
- Reimbursement Timeline: A well-drafted separation agreement usually requires parents to reimburse each other for a valid receipt within 14 to 30 days.
Frequently Asked Questions (FAQ)
Does standard child support cover normal sports registration?
Yes. Ordinary, low-cost extracurricular activities (like community soccer or standard swimming lessons) are meant to be covered by the basic monthly child support amount. Only “extraordinary” activities, like elite travel hockey, generally qualify under Section 7.
Can my ex refuse to pay for an expensive private school?
Yes, they can object. For an expense to be legally enforceable, it must be considered “necessary” for the child’s best interests and “reasonable” given the combined income of the parents. If parents cannot agree, a judge will decide if the cost is justified.
Are cell phones or cars considered Section 7 expenses?
Generally, no. Cell phone bills, allowances, and purchasing a car for a teenager are usually considered lifestyle choices and regular living expenses, not mandatory special expenses under the legal guidelines.
What happens if my income drops significantly?
If you lose your job or your income substantially decreases, you must notify the other parent immediately and provide proof. You may need to formally apply to the Court of King’s Bench to vary the support order to reflect your new, lower proportion of the expenses.
Does the child have to contribute to post-secondary costs?
Yes, often they do. Courts in Manitoba generally expect adult children attending university or college to contribute to their own education through summer jobs, part-time work, or student loans before the parents’ Section 7 obligations are calculated.
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