In Ontario, braces and necessary orthodontic treatments are generally classified as Section 7 special expenses. Parents must typically share the out-of-pocket costs proportionately based on their respective incomes, after applying any available workplace dental insurance coverage.
Navigating child support in Ontario can sometimes feel overwhelming, especially when unexpected medical or dental bills arise. Whether you live in Toronto, Mississauga, or Ottawa, providing the best care for your child is a top priority.
Under the Federal Child Support Guidelines, basic monthly child support (the “table amount”) is meant to cover everyday necessities like food, clothing, and housing. However, significant health-related expenses, such as braces or Invisalign, fall under a different category known as Section 7 or “special and extraordinary expenses.” These costs are usually shared between both parents in proportion to their incomes. 📝
Step-by-Step Process for Claiming Orthodontic Expenses in Ontario
Getting your ex-partner to contribute to the cost of braces requires clear communication and proper documentation. Following a structured approach helps prevent misunderstandings and keeps you out of the family court system.
Step 1: Obtaining a Professional Treatment Plan
Before demanding any money, you must have a formal diagnosis and treatment plan. You should take your child to a licensed orthodontist-whether in London, Hamilton, or your local community-for an assessment. 🦺
The orthodontist will provide a written quote detailing the total cost of the braces, the expected timeline, and a breakdown of the payment schedule. Having this official document is critical, as Ontario family law requires proof that the expense is necessary for the child’s health and well-being, rather than just a cosmetic desire.
Step 2: Maximizing Dental Insurance Coverage
Section 7 expenses only apply to the net out-of-pocket costs. Before calculating each parent’s share, you must submit the treatment plan to both parents’ workplace benefits providers. 💳
If Parent A has a plan that covers 50% of orthodontics up to $2,000, and Parent B has a secondary plan, you must coordinate these benefits. The remaining balance after all insurance payouts have been exhausted is the true Section 7 expense that will be divided.
Step 3: Calculating Proportionate Incomes
Unlike standard monthly child support, which is paid by the payor parent based solely on their income, Section 7 expenses are shared proportionately based on both parents’ current incomes. 📊
You and your co-parent will need to exchange your most recent tax returns and Notices of Assessment from the Canada Revenue Agency (CRA). If Parent A earns $60,000 and Parent B earns $40,000, their combined income is $100,000. Parent A would be responsible for 60% of the net orthodontic bill, and Parent B would pay 40%.
Step 4: Formalizing the Agreement
Once you agree on the math, it is highly recommended to put the agreement in writing. If you already have a separation agreement or court order, check if it specifies how health expenses are handled. ✍️
If your ex-spouse completely refuses to pay their proportionate share, your family lawyer may need to file an application at the local Ontario Superior Court of Justice or Family Court to have a judge order the payment.
How Much Do Braces Cost in Ontario?
Orthodontic care is notoriously expensive. As of May 2026, a standard set of metal braces or clear aligners (like Invisalign) in Ontario typically ranges from $5,000 to $8,000 CAD. 💸
| Expense Phase | Estimated Cost (CAD) | Details |
|---|---|---|
| Initial Consultation & X-Rays | $150 – $350 | Often covered 100% by standard dental insurance plans. |
| Full Orthodontic Treatment | $5,000 – $8,000 | The total cost of hardware, adjustments, and retainers. |
| Average Insurance Maximum | $2,000 – $3,000 | Lifetime maximums for orthodontics per child are common in group plans. |
| Remaining Net Cost (Section 7) | $3,000 – $5,000 | The actual amount shared proportionately between the parents. |
How Long Does the Process Take?
Reaching an agreement on Section 7 expenses should ideally take only a few weeks. Processing the initial pre-determination through your insurance company generally takes 10 to 15 business days. ⏱️
If the parents disagree and the matter must proceed to family mediation or a case conference in the Superior Court of Justice, resolving the dispute could easily take 4 to 8 months. It is always best to negotiate privately before the braces are installed.
Frequently Asked Questions (FAQ)
Do I need my ex-partner’s consent before getting our child braces?
Yes, usually. If you share joint decision-making responsibility (formerly known as joint custody), major medical and dental decisions must be made together. You cannot unilaterally sign a contract for braces and then send your ex the bill without prior consultation.
Is Invisalign covered under Section 7 just like metal braces?
Generally, yes. However, if Invisalign is significantly more expensive than traditional braces and is chosen purely for cosmetic reasons rather than necessity, a court might only order the co-parent to contribute to the cost of the cheaper traditional option.
What happens if my ex refuses to pay their share?
If you have a clear separation agreement or court order stipulating that Section 7 expenses are to be shared, you can enforce this through the Family Responsibility Office (FRO) or by bringing a motion for enforcement in the Ontario family court.
Can I claim the orthodontic expenses on my tax return?
Yes, out-of-pocket medical and dental expenses can often be claimed on your CRA tax return as a Medical Expense Tax Credit (METC). However, you can only claim the portion of the expense that you personally paid, not the portion your ex-spouse paid.
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