Section 7 special and extraordinary expenses cover costs like childcare, braces, or university that go beyond basic child support. In New Brunswick, parents generally share these costs proportionately based on their respective incomes. If you cannot reach an agreement, you can file a motion at the Court of King’s Bench, which carries a $50 CAD filing fee.
Raising a child involves more than just everyday expenses like groceries and clothing. As children grow, their needs often expand to include medical treatments, specialized extracurricular activities, and post-secondary education. 💰 Under the Federal Child Support Guidelines, these are referred to as Section 7 special and extraordinary expenses. Whether you live in Fredericton, Saint John, or Moncton, navigating how these costs are shared can sometimes lead to disagreements between co-parents.
In this guide, we will outline exactly how to identify, calculate, and claim Section 7 expenses in New Brunswick as of 2026. We will walk you through the proper legal steps to ensure your child gets the financial support they need, without having to navigate confusing legal jargon. Remember, child support is the legal right of the child, and both parents are expected to contribute according to their financial ability.
Step-by-Step Process in New Brunswick
Claiming special expenses requires clear communication and transparency about your finances. 📋 You cannot simply hand your ex-spouse a receipt and demand half the money; there is a specific legal framework governed by the Court of King’s Bench that must be followed.
Step 1: Identify Eligible Extraordinary Expenses
Not every cost qualifies as a Section 7 expense. Basic extracurriculars, like standard swimming lessons or house-league soccer, are usually meant to be covered by the base monthly child support. Eligible expenses must be either necessary (like childcare so a parent can work) or “extraordinary” relative to the parents’ combined income. Common examples include prescription medications not covered by insurance, orthodontic work, tutoring, and university tuition.
Step 2: Exchange Financial Disclosure
Because Section 7 expenses are shared proportionately, you must know each other’s current income. 💴 Both parents should exchange their most recent Canada Revenue Agency (CRA) Notices of Assessment, along with recent pay stubs. If one parent owns a business or is intentionally underemployed, determining their true income may require assistance from a local law firm.
Step 3: Calculate the Proportionate Share
Once you have both incomes, you calculate the percentage each parent is responsible for. For example, if Parent A makes $60,000 CAD and Parent B makes $40,000 CAD, their combined income is $100,000 CAD. Parent A would pay 60% of the special expenses, and Parent B would pay 40%. You must also deduct any tax credits or subsidies (such as the Canada Child Benefit) before splitting the final out-of-pocket cost.
Step 4: Formalize the Agreement or File a Motion
If you both agree on the expense and the split, document it in writing as an addendum to your separation agreement or parenting plan. ✍ If your ex-spouse refuses to pay their fair share, you will need to file a formal motion at the Family Division of the local Court of King’s Bench. You will serve the motion to your ex-spouse, providing them a chance to respond before a judge makes a binding decision.
How Much Does it Cost in New Brunswick?
The cost of enforcing Section 7 expenses depends heavily on whether you and your ex-spouse can cooperate. 💸 Taking a minor financial dispute to court can sometimes cost more in legal fees than the expense itself, so mediation is highly recommended.
- Court Filing Fees: Filing a Notice of Motion at the New Brunswick Court of King’s Bench costs $50 CAD.
- Mediation Services: Hiring a private family mediator to help you reach an agreement typically costs between $150 and $300 CAD per hour.
- Lawyer Fees: If you hire a lawyer to draft a formal agreement, expect to pay a flat fee of roughly $1,000 to $2,500 CAD.
- Litigation Costs: If you must go to court to fight for these expenses, lawyer fees can range from $3,000 to $7,000 CAD or more, depending on the complexity of the hearing.
Here is a quick breakdown of your options:
| Action Route | Pros | Estimated Cost (CAD) |
|---|---|---|
| Kitchen-Table Agreement | Fastest, preserves co-parenting relationship | $0 |
| Private Mediation | Neutral third-party helps resolve deadlock | $500 – $1,500 |
| Hiring a Law Firm | Legally binding, enforceable by the court | $1,000 – $2,500 |
| Filing a Court Motion | Forces a stubborn ex-spouse to pay | $3,000+ |
How Long Does the Process Take?
If you and your co-parent communicate well, calculating and agreeing on a new expense can take just a few days. 🕐 However, if you have to rely on the legal system, things move much slower. In major centres like Moncton or Saint John, obtaining a court date for a family motion can take anywhere from 3 to 6 months. Therefore, it is crucial to discuss major upcoming expenses (like university tuition) well in advance.
Frequently Asked Questions (FAQ)
Do I need to get my ex-spouse’s consent before incurring a Section 7 expense?
Generally, yes. If parents share decision-making responsibility, major expenses like braces or private school should be discussed and agreed upon beforehand. A judge may refuse to order reimbursement if you incurred a massive expense without consulting the other parent.
Are competitive sports considered extraordinary expenses?
It depends on your combined income. Elite hockey that costs $5,000 a year might be extraordinary for a middle-income family but standard for a high-income family. Courts look at whether the expense is reasonable given the family’s financial situation.
Can we just agree to split all expenses 50/50?
Yes. While the law defaults to a proportionate split based on income, parents are free to draft a separation agreement that splits Section 7 expenses equally, provided it is fair and meets the child’s needs.
Do I have to provide receipts to my ex-spouse?
Absolutely. You cannot claim an out-of-pocket expense without proof. You must provide clear receipts or invoices to the paying parent so they can verify the cost and claim any eligible tax deductions with the CRA.
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