In Ontario, specialized ADHD tutoring can be classified as a Section 7 extraordinary expense under the Child Support Guidelines. If the tutoring is necessary for the child’s best interests and reasonable based on both parents’ incomes, your ex may be legally required to pay their proportional share.
Raising a child with ADHD requires patience, dedication, and often, specialized educational resources. Under Ontario family law, standard monthly child support is only intended to cover basic necessities like food, clothing, and regular schooling. When a child has learning disabilities, the standard amount is rarely enough to cover their unique needs.
Whether you live in Toronto, Mississauga, or London, educational costs can quickly overwhelm a single parent’s budget. 📍 Many parents wonder if they can force their ex-partner to share the financial burden of specialized tutoring. By understanding the rules around Section 7 expenses, it is possible to secure proportional financial contributions, provided you follow the proper legal steps.
Step-by-Step Process in Ontario
Classifying tutoring as a Section 7 expense is not automatic. The court requires proof that the expense is both “necessary” for the child and “reasonable” given the family’s financial situation. Here is the step-by-step process most family law firms recommend.
Step 1: Obtain Official Documentation and Recommendations
Before you ask your ex for money, you must prove the tutoring is a necessity, not just a preference. You should obtain a formal diagnosis of ADHD from a pediatrician or child psychologist. Furthermore, request a letter from the child’s school principal or teacher stating that the student requires specialized, one-on-one tutoring to succeed academically.
If the child has an Individual Education Plan (IEP) at their Ontario public or Catholic school, this serves as excellent evidence. 📄 The Superior Court of Justice heavily relies on third-party educational and medical professionals when determining what is in the child’s best interests.
Step 2: Consult Your Ex-Partner in Advance
One of the biggest mistakes parents make is hiring a tutor and then sending the ex a massive bill months later. If you share decision-making responsibility (formerly known as joint custody), you generally must consult the other parent before incurring the expense. Send a written proposal detailing the recommended tutor, the hourly cost, and why it is necessary.
Even if you have sole decision-making responsibility, Section 7 of the Child Support Guidelines strongly encourages giving the other parent notice. 📧 Keep all emails or text messages, as they will serve as crucial evidence if the dispute goes to court.
Step 3: Calculate the Proportional Split
Section 7 expenses are not split 50/50 unless both parents earn the exact same income. Instead, they are divided proportionally based on each parent’s Line 15000 (Gross Income) on their most recent CRA tax return. For example, if you earn $40,000 CAD and your ex earns $60,000 CAD, the total family income is $100,000 CAD. Your ex would be responsible for 60% of the tutoring costs, and you would pay 40%.
| Expense Element | How it is Handled in Ontario |
|---|---|
| Base Child Support | Paid monthly, based strictly on the payer’s income and number of children. Does not cover private tutoring. |
| Section 7 Expenses | Shared proportionally based on both parents’ incomes. Covers extraordinary educational needs. |
| Tax Deductions | The cost must be calculated after deducting any medical tax credits or subsidies received. |
Step 4: Use Alternative Dispute Resolution or File a Motion
If your ex refuses to pay, you should first attempt mediation. Family courts in Ontario mandate that parents try to resolve issues outside of court whenever possible. Hiring a neutral mediator or utilizing a family lawyer to negotiate an agreement is often the fastest route.
If negotiation fails, you will need to file a Motion to Change at the Superior Court of Justice or the Ontario Court of Justice, depending on where your original order was filed. 💰 You will ask the judge to legally classify the ADHD tutoring as a Section 7 expense and order the other parent to pay their proportional share.
How Much Does it Cost in Ontario?
Pursuing this legal enforcement will involve both time and money. It is important to weigh the legal fees against the actual cost of the tutoring. 💵 Here are standard costs in CAD as of May 2026:
- ADHD Psychoeducational Assessment: If required by the court, private assessments generally cost $2,500 to $4,000 CAD.
- Family Mediation: Using a private mediator usually ranges from $200 to $450 CAD per hour.
- Lawyer Fees: Retaining a family law firm to draft a motion or negotiate an agreement costs between $350 and $700+ CAD per hour.
- Court Fees: Filing a Motion to Change in the Superior Court of Justice carries a fee of roughly $181 CAD.
How Long Does the Process Take?
Resolving a Section 7 dispute without going to trial is generally much faster. If both parties agree to mediation, a resolution can often be drafted within 2 to 4 months. However, if the ex outright refuses and you must wait for a court date in a busy jurisdiction like Toronto or Ottawa, the process can drag on for 6 to 12 months before a judge issues a final, binding order.
Frequently Asked Questions (FAQ)
What defines an “extraordinary” expense in Ontario?
An expense is extraordinary if it exceeds what the parent receiving standard child support can reasonably afford. For educational expenses like ADHD tutoring, the court looks at the necessity of the program and the combined income of both parents.
Can I choose any tutor, regardless of price?
No. The expense must be “reasonable.” If you choose a luxury, ultra-expensive private tutoring centre when a moderately priced, highly qualified local tutor is available, the court may only order the ex to pay their proportional share of the reasonable, lower-cost option.
Does my ex have to pay if they have less parenting time?
Yes. Section 7 expenses are calculated entirely independently of parenting time schedules. Even if your ex only sees the child every other weekend, they are still financially obligated to pay their proportional share based on their income.
What if my ex’s income fluctuates?
Proportional shares should be updated annually. Most Ontario separation agreements require parents to exchange CRA Notices of Assessment every Spring. If incomes change, the percentage split for the tutoring costs must be recalculated for the following year.
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