Section 7 Expenses vs Child Support – what’s the difference?

By Ashley Hizo

A common misconception among family law clients is that any and all special expenses incurred by a child are included within the basic child support payment.  However, section 7 expenses and child support in fact serve different purposes in family law. This article aims to clarify the differences between these support obligations, will explain how child support is calculated, and will provide common examples of section 7 expenses recognized in the Guidelines.

Parents have a legal obligation to provide financial support for their dependent children. Child support is the right of the child and cannot be waived by either parent. In Ontario, child support is determined by the Child Support Gudelines and refers to the regular payments made by one parent to the other to cover the basic needs of the child, such as food, clothing, and shelter. Typically, child support is calculated based on the payor’s gross annual income (usually reported on line 150 of the payor’s income tax return), and the number of children that the payor has to support.

In contrast, section 7 expenses are additional costs that may arise for the child and are payable in addition to the basic child support. Common examples of section 7 expenses outlined in the Guidelines include:

1. Child care expenses incurred as a result of the employment, illness, disability or education or training for employment of the spouse who has the majority of parenting time;
2. That portion of the medical and dental insurance premiums attributable to the child;
3. 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, occupation therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;
4. Extraordinary expenses for primary or secondary school education or for any other education programs that meet the child’s particular needs;
5. Expenses for post-secondary education; and
6. Extraordinary expenses of extracurricular activities.

It is well advised for parents entering into a Domestic Contract to clearly outline the apportionment of how section 7 expenses will be shared. Typically, these costs are shared either in proportion to each parent’s income or shared evenly.

In summary, while child support covers basic needs, section 7 expenses pertain to specific additional costs related to the child. For any questions regarding this article or for legal assistance regarding a family law matter, please contact Ashley Hizo at ahizo@sorbaralaw.com.