In Nova Scotia, Section 7 special and extraordinary expenses, such as braces, private tutoring, or competitive sports, are legally shared between both parents in proportion to their respective incomes. These expenses are paid in addition to the standard monthly base child support amount.
Raising children is an expensive journey. After a separation in Nova Scotia, the standard monthly child support payments are designed to cover basic daily needs like groceries, clothing, and household utilities. However, base support does not cover everything. What happens when your child needs braces, wants to play elite hockey, or requires a private math tutor? Under the Federal Child Support Guidelines, these are known as Section 7 special and extraordinary expenses. Understanding how to define, calculate, and share these additional costs is crucial for maintaining a fair financial arrangement. This guide explains how Section 7 works in the province. 📍
Step-by-Step Process in Nova Scotia
In jurisdictions like Halifax, Sydney, and Bedford, the Supreme Court (Family Division) enforces the Federal Child Support Guidelines rigorously. Determining who pays for Section 7 special and extraordinary expenses requires full financial transparency between parents. If you and your ex-partner cannot agree on what constitutes a valid expense, a local family lawyer from our directory can help mediate the dispute.
Step 1: Determine if the Expense Qualifies
Not every extracurricular activity is a Section 7 expense. The law strictly defines what qualifies. Generally, these expenses include uninsured medical and dental costs (like orthodontics), childcare costs incurred because the custodial parent is working, primary/secondary school expenses, and post-secondary education tuition. For extracurricular activities, the court looks at whether the cost is “extraordinary” compared to the parents’ income. A $100 community soccer registration might not qualify, but $4,000 for competitive gymnastics likely will. 🤔
Step 2: Exchange Financial Information
To divide the expense fairly, both parents must exchange their most recent income information. In Nova Scotia, this typically means providing your last three years of Notices of Assessment from the Canada Revenue Agency (CRA), as well as recent pay stubs. You must determine your exact gross annual incomes to calculate the proportionate ratio. Honesty and timely disclosure are legally required every single year.
Step 3: Calculate the Proportionate Share
Section 7 special and extraordinary expenses are shared proportionately to income, not split 50/50. For example, if Parent A earns $60,000 CAD a year and Parent B earns $40,000 CAD a year, their combined income is $100,000. Parent A is responsible for 60% of the special expense, and Parent B is responsible for 40%. This calculation ensures that the financial burden is distributed fairly based on what each parent can genuinely afford. 💰
Step 4: Account for Tax Benefits and Subsidies
Before splitting the bill, you must deduct any third-party contributions or tax benefits. If a child’s dental bill is $2,000, but a parent’s workplace health insurance covers $1,000, only the remaining out-of-pocket $1,000 is shared proportionately. Similarly, if you receive a childcare subsidy or can claim the childcare expense as a tax deduction, the net cost after those savings is what you divide with your ex-partner.
How Much Does it Cost in Nova Scotia?
Section 7 expenses vary wildly depending on the child’s needs, but resolving disputes about these expenses can also incur legal fees.
| Expense Type | Estimated Cost (CAD) | Details |
|---|---|---|
| Base Child Support | Varies by income | The mandatory monthly payment set by the Federal Guidelines, which covers basic living costs. |
| Section 7: Medical/Dental | Proportionate Share | Includes items like braces, prescription glasses, or therapy not fully covered by MSI or insurance. |
| Section 7: Extracurriculars | Proportionate Share | Only if the cost is “extraordinary” relative to the parents’ combined income. |
| Lawyer Drafting Fee | $1,000 – $3,000 CAD | The cost to have a family lawyer draft an agreement clarifying exact Section 7 obligations. |
How Long Does the Process Take?
If both parents communicate effectively and update their income annually, sharing Section 7 special and extraordinary expenses takes only a few minutes to calculate. However, if there is a disagreement over whether a new activity qualifies (for example, one parent insists on an expensive private school in Halifax), resolving the issue in court takes much longer. Filing an application to vary a support order to include new expenses generally takes 3 to 6 months to secure a hearing date at the Supreme Court (Family Division). ⏱️
Frequently Asked Questions (FAQ)
Do I need my ex-partner’s consent before incurring the expense?
Generally, yes. If you want your ex to pay their proportionate share of a new, significant expense (like a travel sports team or private tutoring), you should consult them first. A judge may refuse to force them to pay if you signed the child up without any prior discussion.
Is summer camp considered a Section 7 expense?
It depends on the purpose. If summer camp is primarily used as childcare so the custodial parent can go to work, it is usually deemed a valid Section 7 expense. If it is purely for recreation, it may only qualify if the cost is extraordinary relative to your incomes.
Does a child’s part-time job reduce the amount we pay?
Yes, sometimes. For older children attending post-secondary education, the court usually expects the child to contribute to their own tuition via student loans, scholarships, or summer jobs before the remaining balance is split between the parents.
What if my ex refuses to show me their CRA Notice of Assessment?
If a parent refuses to provide their income information, your lawyer can file a motion with the Nova Scotia court to compel disclosure. The judge may also “impute” their income, meaning the court assigns them a higher income level based on their earning capacity.
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