Section 7
- Thread starter tanmar
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Pretty broad question, and it will vary depending on income of each parent. But here is the law:
Special or extraordinary expenses
7. (1) In an order for the support of a child, the court may, on the request of either parent or spouse or of an applicant under section 33 of the Act, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the parents or spouses and those of the child and to the spending pattern of the parents or spouses in respect of the child during cohabitation:
(a) child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;
(b) that portion of the medical and dental insurance premiums attributable to the child;
(c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy, prescription drugs, hearing aids, glasses and contact lenses;
(d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;
(e) expenses for post-secondary education; and
(f) extraordinary expenses for extracurricular activities. O. Reg. 391/97, s. 7 (1); O. Reg. 446/01, s. 2.
Definition, “extraordinary expenses”
(1.1) For the purposes of clauses (1) (d) and (f),
“extraordinary expenses” means
(a) expenses that exceed those that the parent or spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that parent’s or spouse’s income and the amount that the parent or spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate, or
(b) where clause (a) is not applicable, expenses that the court considers are extraordinary taking into account,
(i) the amount of the expense in relation to the income of the parent or spouse requesting the amount, including the amount that the parent or spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate,
(ii) the nature and number of the educational programs and extracurricular activities,
(iii) any special needs and talents of the child,
(iv) the overall cost of the programs and activities, and
(v) any other similar factors that the court considers relevant. O. Reg. 102/06, s. 1.
Sharing of expense
(2) The guiding principle in determining the amount of an expense referred to in subsection (1) is that the expense is shared by the parents or spouses in proportion to their respective incomes after deducting from the expense, the contribution, if any, from the child. O. Reg. 391/97, s. 7 (2).
Subsidies, tax deductions, etc.
(3) Subject to subsection (4), in determining the amount of an expense referred to in subsection (1), the court must take into account any subsidies, benefits or income tax deductions or credits relating to the expense, and any eligibility to claim a subsidy, benefit or income tax deduction or credit relating to the expense. O. Reg. 159/07, s. 2.
Universal child care benefit
(4) In determining the amount of an expense referred to in subsection (1), the court shall not take into account any universal child care benefit or any eligibility to claim that benefit. O. Reg. 159/07, s. 2.
Special or extraordinary expenses
7. (1) In an order for the support of a child, the court may, on the request of either parent or spouse or of an applicant under section 33 of the Act, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the parents or spouses and those of the child and to the spending pattern of the parents or spouses in respect of the child during cohabitation:
(a) child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;
(b) that portion of the medical and dental insurance premiums attributable to the child;
(c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy, prescription drugs, hearing aids, glasses and contact lenses;
(d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;
(e) expenses for post-secondary education; and
(f) extraordinary expenses for extracurricular activities. O. Reg. 391/97, s. 7 (1); O. Reg. 446/01, s. 2.
Definition, “extraordinary expenses”
(1.1) For the purposes of clauses (1) (d) and (f),
“extraordinary expenses” means
(a) expenses that exceed those that the parent or spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that parent’s or spouse’s income and the amount that the parent or spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate, or
(b) where clause (a) is not applicable, expenses that the court considers are extraordinary taking into account,
(i) the amount of the expense in relation to the income of the parent or spouse requesting the amount, including the amount that the parent or spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate,
(ii) the nature and number of the educational programs and extracurricular activities,
(iii) any special needs and talents of the child,
(iv) the overall cost of the programs and activities, and
(v) any other similar factors that the court considers relevant. O. Reg. 102/06, s. 1.
Sharing of expense
(2) The guiding principle in determining the amount of an expense referred to in subsection (1) is that the expense is shared by the parents or spouses in proportion to their respective incomes after deducting from the expense, the contribution, if any, from the child. O. Reg. 391/97, s. 7 (2).
Subsidies, tax deductions, etc.
(3) Subject to subsection (4), in determining the amount of an expense referred to in subsection (1), the court must take into account any subsidies, benefits or income tax deductions or credits relating to the expense, and any eligibility to claim a subsidy, benefit or income tax deduction or credit relating to the expense. O. Reg. 159/07, s. 2.
Universal child care benefit
(4) In determining the amount of an expense referred to in subsection (1), the court shall not take into account any universal child care benefit or any eligibility to claim that benefit. O. Reg. 159/07, s. 2.
billm
New member
Medical/Dental is Section 7.
Post secondary education is Section 7.
Daycare is Section 7.
Otherwise I view it as things that parents at that income level may choose not to do based the cost, or combined cost of all extracurricular expenses.
Don't forget the wording - section 7 expenses are 'extraordinary' - not ordinary.
So specifically for me, buying a bicycle, one house league level sport activity, school uniforms, school expenses including day trips, are all normal and are covered by CS (we split them 50/50 since we share the kids 50/50).
My daughter did competitive swimming which was about 4K/year, so that was a big decision and so I called it section 7 to be split according to our incomes (unfortunately I paid it all and when I asked my ex for her share - she said I owed her other things (which she would not itemize), and told me to forget being reimbursed - so now I generally don't pay for anything up front if I can help it as I don't trust her, and have been screwed multiple times for other costs...but that is another issue)
Post secondary education is Section 7.
Daycare is Section 7.
Otherwise I view it as things that parents at that income level may choose not to do based the cost, or combined cost of all extracurricular expenses.
Don't forget the wording - section 7 expenses are 'extraordinary' - not ordinary.
So specifically for me, buying a bicycle, one house league level sport activity, school uniforms, school expenses including day trips, are all normal and are covered by CS (we split them 50/50 since we share the kids 50/50).
My daughter did competitive swimming which was about 4K/year, so that was a big decision and so I called it section 7 to be split according to our incomes (unfortunately I paid it all and when I asked my ex for her share - she said I owed her other things (which she would not itemize), and told me to forget being reimbursed - so now I generally don't pay for anything up front if I can help it as I don't trust her, and have been screwed multiple times for other costs...but that is another issue)
Me, I have two versions of extraordinary expenses
1) What the law says
2) What my ex says I should go out and buy when I hsve them every second weekend.
I pay a large amount of CS ($1,600/month) and SP of about $1,000/month.
Whenever I show up at the house my ex always says "Jack needs shoes and Jill needs a few bathing suits. Oh, and Jack needs a new backpack for school and Jill needs flip flops". To me those are the hardest expenses. I can probably afford it but it is the principle.
Why should I buy these things when I am paying large already?
How can I say "no" to Jack when he says "we going to get my shoes dad"?
Ex's dont understand that we are not ATM's and often use guilt to get more out of us.
So..what is Section 7? It is those expenses that you get sucked into paying for over and above those the law sees as Section 7 as well.
1) What the law says
2) What my ex says I should go out and buy when I hsve them every second weekend.
I pay a large amount of CS ($1,600/month) and SP of about $1,000/month.
Whenever I show up at the house my ex always says "Jack needs shoes and Jill needs a few bathing suits. Oh, and Jack needs a new backpack for school and Jill needs flip flops". To me those are the hardest expenses. I can probably afford it but it is the principle.
Why should I buy these things when I am paying large already?
How can I say "no" to Jack when he says "we going to get my shoes dad"?
Ex's dont understand that we are not ATM's and often use guilt to get more out of us.
So..what is Section 7? It is those expenses that you get sucked into paying for over and above those the law sees as Section 7 as well.
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