Many children participate in extracurricular activities such as competitive sports, dance, music lessons, and theatre programs, which support skill development, confidence and personal growth. However, these activities often involve significant expenses, including registration fees, equipment, travel costs, private coaching, competition fees, specialized training, and more.
When parents separate or divorce, questions often arise about how these costs should be addressed and whether they fall within the scope of child support. While some extracurricular activities may be considered part of the ordinary expenses associated with raising a child, others may qualify as “special” or “extraordinary” expenses under section 7 of the Child Support Guidelines.
Understanding how Section 7 expenses are treated in Ontario can help parents make informed decisions and avoid unnecessary disputes. In this blog, we discuss what Section 7 expenses are, when competitive sports and arts programs may qualify as extraordinary expenses, how these expenses are shared between parents, and what options are available when parents cannot agree. If you have questions regarding your rights and obligations related to Section 7 child support expenses in Ontario, contact our Toronto child support lawyers today for legal guidance.
Understanding Section 7 Expenses in Ontario
Many parents are surprised to learn that the monthly child support amount does not cover every expense associated with raising a child. While regular child support is intended to assist with a child’s day-to-day needs, certain expenses may be shared separately between parents. These costs are commonly referred to as Section 7 expenses, or special and extraordinary expenses.
Section 7 of the Federal Child Support Guidelines and the Ontario Child Support Guidelines set out the framework for determining which additional expenses may be shared between parents. The purpose of these provisions is to ensure that children continue to benefit from the financial support of both parents when high costs occur that go beyond ordinary living costs.
Regular child support is generally intended to assist with expenses such as food, clothing, housing, transportation, and other routine costs associated with raising a child. Section 7 expenses, on the other hand, typically relate to childcare, health care, education, and certain extracurricular activities.
In Ontario, an expense will generally only qualify as a Section 7 expense if it meets two main requirements before it can be shared between parents:
- The expense must be necessary in relation to the child’s best interests. This does not mean the expense must be essential for the child’s survival. Rather, it should meaningfully contribute to the child’s health, education, development, or general well-being.
- The expense must be reasonable in relation to the financial circumstances of the parents and the child, as well as the family’s historical spending patterns prior to separation. What is reasonable for one family may not be reasonable for another. Courts recognize that families have different financial means and different approaches to spending on extracurricular activities and child-related expenses.
Necessity and reasonableness are the most important considerations in most disputes involving Section 7 expenses, especially where parents disagree about competitive sports, private lessons, art programs, or other high-cost extracurricular activities.
What Expenses Can Qualify as Section 7 Expenses?
The Child Support Guidelines identify several categories of expenses that may qualify as Section 7 expenses. Common examples include:
- Childcare expenses incurred because a parent is working, attending school, or dealing with an illness or disability;
- Medical and dental insurance premiums for the child;
- Uninsured medical, dental, orthodontic, psychological, counselling, therapy, and other health-related expenses;
- Extraordinary educational expenses;
- Post-secondary education expenses; and
- Extraordinary extracurricular activities.
Some of these expenses are relatively straightforward. For example, childcare expenses that allow a parent to maintain employment or attend school frequently qualify as Section 7 expenses. Similarly, expenses such as orthodontic treatment, prescription medications, counselling, physiotherapy, speech therapy, and other uninsured health-related costs are commonly shared between parents.
Educational expenses may also qualify where they are extraordinary in nature. Depending on the circumstances, this may include private school tuition, tutoring, specialized educational programs, or other expenses that address a child’s particular needs or abilities.
Post-secondary education expenses are another common category of Section 7 costs. Tuition, books, residence costs, and other education-related expenses may be shared between parents, although courts often expect adult children to contribute through employment income, scholarships, bursaries, student loans, or other available resources.
Extracurricular activities can be more complicated. While some activities may be considered ordinary expenses covered by regular child support, others may qualify as extraordinary expenses depending on the circumstances.
When Can Competitive Sports and Arts Programs Become Extraordinary Expenses?
Many children participate in recreational activities such as sports, dance classes, music lessons, theatre programs, or other extracurricular programs. In many cases, these activities are considered part of the normal costs associated with raising a child.
However, some activities involve expenses that go beyond ordinary participation.
Examples may include:
- Competitive hockey programs;
- Summer camp programs;
- Elite soccer, baseball, swimming, or gymnastics programs;
- Figure skating;
- Competitive dance;
- Advanced music lessons;
- Specialized arts programs;
- High performance athletic training;
- Academic enrichment programs; and
- Competitive tournaments, showcases, and travel events.
The costs associated with these activities often extend far beyond registration fees. Parents may also incur expenses relating to specialized equipment, uniforms, travel, accommodations, private coaching, training camps, and competition fees.
It is important to understand that not every expensive activity will automatically qualify as a Section 7 expense. The fact that a parent spends a significant amount of money on an activity does not necessarily mean that the other parent will be required to contribute.
When determining whether an extracurricular activity qualifies as an extraordinary expense, courts often consider several factors as discussed below.
The Cost of the Activity
The overall cost of the activity is an important consideration. A recreational sports league with modest fees may be viewed as part of the ordinary costs of raising a child. By contrast, an elite level program involving thousands of dollars in annual expenses may be more likely to qualify as extraordinary.
The Child’s Commitment and Participation
Courts often consider whether the child is casually participating in an activity or has demonstrated a significant commitment over an extended period. A child who has spent years developing a particular skill or competing at a high level may have a stronger basis for continued participation.
The Child’s Talents and Abilities
Consideration may be given to a child’s demonstrated talents and abilities. Where a child has shown exceptional aptitude in athletics, music, dance, theatre, or another discipline, courts may recognize the value of supporting opportunities that allow the child to continue developing those skills.
The Family’s Historical Spending Patterns
Courts frequently consider whether the activity was supported during the relationship. If parents historically invested in competitive sports, arts training, or other specialized programs before separation, there may be a stronger argument that those activities should continue.
The Parents’ Financial Circumstances
The financial resources available to the family remain an important factor. An expense that may be entirely manageable for one family may create an unreasonable financial burden for another. Courts attempt to balance the child’s opportunities with the parents’ ability to contribute.
There is no single rule that applies across all families. Whether a particular activity qualifies as an extraordinary expense will depend on the unique circumstances of the child and the parents.
How Are Section 7 Expenses Shared Between Parents?
Once an expense qualifies as a Section 7 expense, the next step is determining how the expense will be shared.
In most cases, Section 7 expenses are divided between the parents in proportion to their respective incomes. This means that the parent who earns a greater share of the parties’ combined income will generally contribute a greater share of the expense.
Before calculating each parent’s contribution, the net cost of the expense must first be determined. This requires consideration of any available tax deductions, tax credits, insurance reimbursements, government subsidies, grants, or other financial assistance.
For example, if a child requires orthodontic treatment costing $6,000 and insurance covers $1,000 of the expense, the net cost would be $5,000. The parents’ respective income percentages would then be applied to that amount.
If one parent earns 60 percent of the parties’ combined income and the other earns 40 percent, the expense would generally be shared using those same percentages.
As a result, parents should not assume that Section 7 expenses are automatically divided equally. The allocation is typically based on each parent’s financial means.
Parents should periodically exchange updated financial information to ensure that Section 7 expenses continue to be shared in an appropriate and proportionate manner.
Practical Considerations for Parents Paying For Section 7 Expenses
Many disputes regarding Section 7 expenses can be avoided through communication and planning.
Before enrolling a child in an expensive activity, parents should make reasonable efforts to discuss the expense and determine whether they both agree that participation is appropriate. This is particularly important where the activity involves high costs or ongoing financial commitments.
Advance discussion may be especially important when dealing with:
- Competitive sports programs;
- Summer camp programs;
- Travel teams;
- Specialized arts programs;
- Private coaching;
- Training camps;
- Educational enrichment opportunities; and
- Significant equipment purchases.
A parent who commits a child to an expensive activity without consulting the other parent may encounter difficulties when seeking reimbursement later.
Parents should also maintain clear records relating to any Section 7 expenses. Documentation may include invoices, receipts, registration forms, proof of payment, insurance statements, and written communications between the parents. Proper documentation can help reduce misunderstandings and may become important if a dispute eventually requires legal intervention.
It is also important to remember that a child’s interests and needs may change over time. An activity that was appropriate several years ago may no longer be suitable, and a family’s financial circumstances may evolve as well. Periodically reviewing Section 7 arrangements can help ensure that they remain fair and appropriate.
Resolving Disputes Regarding Section 7 Expenses
Disputes may arise regarding whether an activity is necessary, whether the cost is reasonable, whether adequate discussions occurred before the expense was incurred, or how the expense should be shared.
In many cases, parents can resolve these issues through discussion, negotiation, or mediation. Reaching an agreement outside of court is often the most efficient and cost-effective approach.
Where an agreement cannot be reached, the matter may need to be determined by a court. When considering a dispute involving Section 7 expenses, the court will examine the child’s needs, the nature of the expense, the financial circumstances of the parents, the family’s historical spending patterns, and any other relevant factors.
Given that each family’s circumstances are unique, obtaining legal advice can help parents better understand their rights and obligations before making significant financial decisions regarding their child’s activities.
Contact Gelman and Associates Today for Guidance on Section 7 Expenses
Whether you are seeking to determine if an expense qualifies as a Section 7 expense, calculate each parent’s contribution, or resolve a dispute regarding extracurricular activities, obtaining legal advice can help protect your interests and provide clarity moving forward.
Our experienced Toronto family law lawyers at Gelman and Associates regularly assist parents with child support matters, including disputes involving special and extraordinary expenses. Contact our team today to schedule a complimentary consultation and learn how we can help.
