As a family lawyer practising in British Columbia, I come across parents who understand the basic idea of child support but feel uncertain when extra costs show up. Who’s paying for daycare? What about braces, counselling, hockey fees, tutoring, private school, or university tuition?
These extra costs fall under what’s called Section 7 expenses, and in BC child support matters, they can matter just as much as the monthly support payment itself.
In this article, I’ll walk through what BC parents need to know about section 7 expenses, how the rules around special expenses work, and how these costs typically get split between parents.
What Are Section 7 Expenses?
Section 7 expenses are special or extraordinary expenses for a child that may be paid in addition to basic monthly child support.
Basic child support, sometimes called the “table amount,” is intended to help cover ordinary day-to-day costs such as food, housing, clothing, and routine school supplies. Section 7 expenses are different. They are usually larger, less routine, or tied to a child’s particular needs.
Under the Federal Child Support Guidelines, a court may order parents to contribute to certain special or extraordinary expenses if the expense is necessary in relation to the child’s best interests and reasonable in relation to the parents’ financial circumstances, the child’s circumstances, and the family’s spending pattern before separation.
In British Columbia, parents may deal with these expenses through a separation agreement, consent order, court order, or, in some cases, ongoing discussions between parents.
Common Examples of Section 7 Expenses in BC
Not every child-related cost is automatically a Section 7 expense. The expense usually has to fall into a recognized category and be reasonable in the circumstances. Common examples include:
1. Childcare Expenses
Childcare is one of the most common Section 7 expenses in BC. This may include daycare, before-and-after-school care, or summer care if the cost is needed because a parent is working, looking for work, attending school, or dealing with health needs.
2. Medical and Dental Costs
Section 7 expenses may include health-related costs that are not fully covered by MSP, extended benefits, or insurance. This can include:
- orthodontics, such as braces;
- counselling or therapy;
- prescription medication;
- physiotherapy;
- eyeglasses or contact lenses;
- dental treatment beyond routine care.
Parents should usually look at the net cost after insurance reimbursement, government benefits, or other coverage.
3. Extracurricular Activities
Extracurricular activities can be more complicated. Some activities may be considered ordinary expenses already covered by basic child support. Others may qualify as “extraordinary” depending on the cost, the child’s history, the parents’ incomes, and the family’s lifestyle before separation.
Examples may include competitive sports, high-level music lessons, dance, gymnastics, or other activities with significant registration, equipment, travel, or coaching costs.
A modest recreational soccer fee may not be treated the same way as elite hockey fees with travel tournaments and expensive equipment.
4. Education and Tuition
Education-related Section 7 expenses may include private school tuition, tutoring, special educational supports, or post-secondary costs.
Private school or tutoring is not automatically shared simply because one parent prefers it. The key questions are often whether the expense is necessary or appropriate for the child, whether it is reasonable given the parents’ financial circumstances, and whether the child attended that school or received similar support before separation.
Post-secondary expenses may also be shared, but the calculation can involve additional questions, including the child’s contribution, scholarships, student loans, residence costs, and the parents’ ability to pay.
5. Health Insurance Premiums
Some parents pay premiums for extended medical or dental coverage that benefits the child. Depending on the arrangement, this may also be considered when calculating special expenses.
How Are Section 7 Expenses Shared?
Section 7 expenses are usually shared by parents in proportion to their incomes, unless they agree otherwise or a court orders a different arrangement.
For example, suppose Parent A earns $80,000 per year and Parent B earns $40,000 per year. Their combined income is $120,000. Parent A earns two-thirds of the total income, and Parent B earns one-third. A $900 eligible Section 7 expense might therefore be shared as follows:
- Parent A pays $600;
- Parent B pays $300.
The calculation is generally based on the parents’ respective incomes after considering any applicable deductions, benefits, subsidies, tax credits, or reimbursements.
Does a Parent Need Consent Before Incurring the Expense?
This depends on the wording of the agreement or court order and the circumstances.
As a practical matter, parents should usually communicate in advance before incurring a significant Section 7 expense, unless it is urgent or clearly required. For example, emergency dental treatment may not allow much time for discussion. A new expensive extracurricular activity usually should.
A good agreement or order should say:
- which expenses are included;
- whether prior written consent is required;
- how receipts will be exchanged;
- how quickly reimbursement must be paid;
- whether each parent pays the provider directly or reimburses the other parent;
- how insurance claims and benefits are handled.
Clear terms can prevent future conflict and make enforcement easier. The BC Family Maintenance Agency notes that it may be able to collect special or extraordinary expenses if they are clearly set out in a support order or agreement.
What Is Not Usually a Section 7 Expense?
Many ordinary costs of raising a child are usually covered by basic child support. These may include regular clothing, groceries, routine school supplies, ordinary transportation, personal care items, and basic entertainment.
Disputes often arise when one parent treats every extra cost as a Section 7 expense. A useful question is: Is this a normal day-to-day cost, or is it a special or extraordinary cost that falls outside basic child support?
Common Pitfalls for BC Parents
Assuming Every Activity Must Be Shared
Not every activity fee is extraordinary. The cost, the child’s interests, the family’s past practice, and each parent’s financial ability all matter.
Failing to Share Receipts
Parents should keep clear records. Receipts, invoices, proof of payment, insurance statements, and subsidy information can help avoid misunderstandings.
Ignoring Net Cost
A parent should not usually ask the other parent to share the full cost before accounting for reimbursements, tax benefits, subsidies, or insurance coverage.
Making Vague Agreements
A clause saying “parents will share Section 7 expenses” may not be enough. The more specific the wording, the easier it is to follow and enforce.
Not Updating Income Information
Because Section 7 expenses are usually shared proportionately, changes in income can affect each parent’s share. Parents should exchange updated income information when required by their agreement, order, or the applicable child support rules.
Key Takeaway
Section 7 expenses in BC child support are additional child-related costs that may be shared beyond the basic monthly support amount. They commonly include childcare, medical and dental costs, certain extracurricular activities, tuition, tutoring, and other special expenses.
The main questions are usually:
- Is the expense necessary for the child?
- Is it reasonable given the parents’ financial circumstances?
- Is it properly documented?
- Has the net cost been calculated after benefits or reimbursements?
- What proportion should each parent pay?
When parents have clear written terms and communicate early, Section 7 expenses are much easier to manage.
Speak With a Family Lawyer
Disagreements about special or extraordinary expenses can quickly become stressful, especially when parents are already trying to manage the practical and emotional challenges of separation. Clear advice can help you understand what expenses may qualify, how costs should be shared, and how to avoid unnecessary conflict.
At ALG Lawyers, our family law team assists parents with child support, section 7 expenses, separation agreements, and court applications throughout British Columbia.
When you are ready to speak with a lawyer, contact us to book a consultation.
