In Ontario, Section 7 “extraordinary expenses” like braces, daycare, and high-level sports are shared between parents based on their proportionate incomes, not a simple 50/50 split. If you earn 70% of the combined family income, you generally pay 70% of these approved extra costs after deducting any tax subsidies.
When calculating child support in Ontario, the basic monthly amount covers everyday necessities like groceries, clothing, and housing. However, raising a child often involves significant additional costs, such as medical treatments, university tuition, or competitive hockey leagues. 📝
Under the Federal Child Support Guidelines, these extra costs are classified as Section 7 “special or extraordinary expenses.” The law ensures that neither parent has to shoulder the entire financial burden of these major life events alone.
This guide will explain exactly what qualifies as a Section 7 expense, how to calculate your proportionate share based on your income, and what to do if your ex-partner refuses to pay. We will also discuss when consulting a local family law firm is the best way to update your Separation Agreement.
Step-by-Step Process in Ontario
Whether you live in Toronto, Mississauga, Ottawa, or Sudbury, family court judges across the province apply the exact same mathematical formula to Section 7 expenses. You must communicate and share financial information to get this right. 📍
It is incredibly important to remember that you cannot simply sign your child up for an expensive private school and hand your ex-partner the bill without their prior consent or a court order.
Step 1: Identify What Qualifies as a Section 7 Expense
Not every extracurricular activity qualifies. Section 7 strictly covers childcare expenses incurred due to work or illness, medical and dental insurance premiums for the child, health needs exceeding $100 annually (like braces or therapy), extraordinary extracurricular activities, and post-secondary education. ❗
Swimming lessons at the local community centre are usually expected to be covered by basic monthly child support. However, elite travel hockey costing $10,000 a year is an “extraordinary” expense that triggers Section 7 sharing.
Step 2: Determine Your Proportionate Incomes
To share the cost fairly, you must determine both parents’ incomes. You will look at Line 15000 on your most recent Canada Revenue Agency (CRA) Notice of Assessment.
For example, if you earn $60,000 a year and your ex-partner earns $40,000, your combined family income is $100,000. Your share is 60%, and their share is 40%. You will pay 60% of all approved special expenses.
Step 3: Deduct Tax Benefits and Subsidies
Before you apply your percentage, you must calculate the “net” cost of the expense. This means you must deduct any government subsidies, tax credits, or insurance payouts. 💪
If braces cost $5,000, but your workplace dental insurance covers $3,000, the remaining net cost is $2,000. Using the previous example, you would pay 60% of that $2,000 (which equals $1,200), not 60% of the original $5,000 bill.
Step 4: Formalize the Agreement and Exchange Receipts
You and your ex-partner should detail exactly which expenses are approved in your Separation Agreement. Once the expense is incurred, the parent who paid the bill must send a copy of the official receipt to the other parent.
Usually, the other parent has 30 days to reimburse their proportionate share via e-transfer or cheque. If they refuse to pay for an approved expense, you can file a motion with the family court to enforce the payment.
How Much Does it Cost in Ontario?
Section 7 expenses are often the most heavily debated financial issue after a separation because they fluctuate every year as the children grow. 💰
Here is a breakdown of common Section 7 expenses and how the legal costs of formalizing them might look:
| Expense / Action | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Daycare / Childcare | $800 – $1,500+ / month | Proportionate (After subsidies) |
| University Tuition | $6,000 – $10,000+ / year | Proportionate (Child may contribute) |
| Lawyer (Drafting Consent Order) | $1,500 – $3,500+ Flat Fee | Each parent pays their lawyer |
| Private Family Mediator | $1,500 – $3,000+ Total | Usually split 50/50 |
If you have to take your ex-partner to court because they refuse to pay their share of a necessary medical bill, the judge will typically order them to pay the arrears and may issue a cost award forcing them to cover your legal fees.
How Long Does the Process Take?
Calculating Section 7 percentages should be an annual process. Parents are legally expected to exchange their updated tax returns every year by May or June to adjust their proportionate shares for the upcoming school year. ⏱
If you disagree on whether an activity is “extraordinary,” resolving it through private mediation usually takes 1 to 3 months.
If you are forced to file a motion at the Superior Court of Justice to demand payment, you will face the standard provincial backlog. It generally takes 6 to 9 months to get a court order forcing an uncooperative parent to pay their share of Section 7 expenses.
Frequently Asked Questions (FAQ)
Do I have to pay for private school?
Private school is only considered an approved Section 7 expense if both parents agree to it, or if a judge orders it. A judge will only order it if the child was already attending private school before the separation or if the child has special educational needs that the public system cannot accommodate.
What if my ex signs the kids up for expensive sports without asking?
If you share joint decision-making responsibility, major extracurriculars require mutual consent. If your ex-partner signs the child up for a $5,000 travel soccer team without your agreement, the court will rarely force you to pay your proportionate share of that specific bill.
Does basic child support cover cell phones and clothing?
Yes. The basic monthly table amount is specifically designed to cover normal, everyday expenses such as winter coats, school supplies, food, and cell phone bills. These do not qualify as Section 7 special expenses unless there is a very unusual circumstance.
Is the child expected to pay for their own university?
Yes, courts generally expect older children to contribute to their own post-secondary education. The judge will typically deduct the child’s summer job savings, student loans (OSAP), and scholarships from the total tuition bill before splitting the remaining net cost proportionately between the parents.
Should I hire a law firm to calculate my Section 7 costs?
If your ex-partner is hiding their true income, refusing to provide their CRA tax returns, or dodging massive medical bills, hiring a local family law firm is highly recommended. A lawyer can formally request financial disclosure and file a motion to enforce the payments.
Leave a Reply