Understanding Special and Extraordinary Expenses and How They Affect Child Support
One of the most important considerations when a couple decides to part ways is how they will continue to ensure the children are financially supported. Raising a child is one of the most significant expenses parents will face in their lifetimes, and child support ensures that both parents are still providing for their children even after a divorce or separation. In general, child support considers both parents’ incomes and how many children there are when determining child support, but in some cases, there may need to be additional factors included in the calculation. Learn more about what Section 7 expenses are and whether they should be part of your child support agreement.
What Is Section 7 in Child Support?
When you hear someone talk about Section 7 expenses in relation to child support, they are referring to the section of the legislation that talks about special and extraordinary expenses related to raising a child and how those expenses can factor into child support. Section 7 doesn’t apply to all child support cases, and you will generally need to be able to provide documentation that those expenses are necessary for your child’s quality of life — especially if the other parent doesn’t agree. What is considered an extraordinary expense under Section 7 can also depend on the parents’ incomes. For example, $500 a month in hockey fees may not be considered extraordinary for a parent with a very high income.
Types of Expenses That Can Be Included Under Section 7
Section 7 covers special and extraordinary expenses and defines those as “expenses that exceed those that the spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that spouse’s income and the amount that the spouse would receive under the applicable table.” This is a fairly open-ended definition, which means that the judge has a great deal of discretion when it comes to how to handle these expenses and what might qualify. Below is a list of specific expenses outlined in the legislation that are common examples:
- Child care. If you have to pay for child care because you are working, going to school, or receiving medical care, that may be a shareable expense.
- Health insurance premiums. Premiums may be able to be taken into account, although this is more common with higher amounts.
- Healthcare expenses. In general, the expenses must be more than $100 per year and not covered by any kind of insurance.
- School expenses. If your child requires special instruction or a specific learning environment due to disability or other needs, these expenses may be shareable expenses.
- Post secondary education. This may be a shareable expense.
- Extracurricular activities. Fees and expenses related to sports and other extracurricular activities may be a shareable expense.
If you’re not sure whether your situation might qualify as a Section 7 expense, talking with a lawyer can help.
Modifying an Existing Child Support Order
It’s generally better if any special circumstances can be factored into the child support when the order is first created. However, this isn’t always possible. Some people may try a DIY divorce and may not be aware that Section 7 exists or can be an additional amount to be paid over and above base child support. In other cases, the need may not be present at the time of the initial order or agreement. An example of this could be a medical issue that is identified years after separation that is going to require ongoing care and significant expenses. In these situations, you may want to vary the existing child support arrangement.
If both parents are already in agreement that the child support arrangement should be amended, this is usually a simple process. However, if there is disagreement, you may want to speak with a lawyer about whether mediation can help resolve the conflict or if you should seek the determination of the matter by a judge or arbitrator.
Child support is intended to ensure that children are provided for and have everything they need. And sometimes, that means needing to factor in special circumstances that present an extraordinary financial burden. If you believe that you may have a situation that may require legal advice, call Panko Collaborative Law at (306) 975-7151. Our legal team has extensive experience helping clients understand Section 7 expenses and ensure that any relevant factors are being accounted for in their child support calculations.