Monica Gangar- Help! My kid wants to go pro like Wayne Gretzky.. but who’s going to pay for that? Help! My kid wants to go pro like Wayne Gretzky…but who’s going to pay for that? Clarifying s.7 Special/Extraordinary Expenses, Published November 27, 2024
Does your child want to go pro, like Wayne Gretzky? While your child may be athletically gifted, you may be worrying about how you’re going to be able to afford all of those expenses if you’re a single parent.
So who pays? Do you have to pay 100% of the costs? Does your ex-partner have to contribute? Well, it depends! We need to take a look at what s.7 special/extraordinary expenses actually are and the rules around them.
Important: not all expenses fall into the category of a s.7 special/extraordinary expense.
What is a s.7 special/extraordinary expense?
A s.7 special/extraordinary expense also known as a “s.7 expense” is an expense that may be ordered by the court in addition to a child support order to take into account a child’s necessary expenses. Within s.7 of the Federal Child Support Guidelines, these expenses include child care expenses, medical and dental insurance premiums, health-related expenses over $100 annually, extraordinary expenses for primary or secondary school education programs, post-secondary education expenses, and extraordinary expenses for extracurricular activities. The courts will focus on whether the expense is reasonable and if it’s in the best interest of the child.
Definition of “extraordinary expenses”:
In particular, when it comes to expenses relating to primary or secondary school education programs and extracurricular activities, extraordinary expenses means that the court will take into account the following:
- The amount of the expense compared to the income of the person requesting the amount
- The nature and number of the educational program/extracurricular activity
- Any special needs and talents of the child
- The overall cost of the program/activity
- Any other relevant factors
Payment details:
The guiding principle in determining the amount of the expenses is that it will be shared in proportion to the parties income. The court will also take into account any benefits, subsidies or income tax deductions in relation to the expense, or any eligibility to claim them, excluding the Universal Child Care Benefit.
So what about your child and their hockey dreams? Are they on thin ice?
Well, here are some things to consider that you may have to explain to the court:
- Is your child participating in hockey tournaments?
- Is your child participating in skills workshops or training camps?
- Is your child in a league?
- Is your child planning to continue in this sport as they get older?
- What does your child want to do?
- Is your child committed to the sport?
If the answers to these questions are positive, then you may be successful in showing the court that the child’s hockey expenses are indeed s.7 expenses, and thus should be split proportionately.
How should you proceed?
- Work with your ex-partner to see if there can be an agreement reached on how you both will split the expenses, and what the proportional cost would be.
- For any potential expenses that may occur, notify your ex-partner of the expense and get their thoughts on it. Send any invoices or receipts of that expense to your ex-partner as well so that they are aware of the cost and what they owe.
- If not an agreement can’t be reached, then you will have to file an application for support seeking payment of s.7 expenses in court.
Please note, this is a very brief overview of s.7 expenses. If you are having difficulty working out what a s.7 expense is, or if your partner should be contributing to an expense you’ve paid for, please contact Portside Law and we will see how we can best assist you.
Disclaimer – By contacting Portside Law Corporation through email, phone or direct message does not establish an attorney-client relationship. An attorney-client relationship is formed once both parties agree in writing to such a relationship. The information found in this document is of general nature and is not intended to be legal advice. Please contact our office to speak further about any particular legal question you may have.