Section 7 Expenses: Who Pays for Daycare, Sports, Braces and Tutoring?

Table child support covers a child's everyday costs. But daycare, braces, tutoring and competitive sports can cost far more, and separated parents often disagree about who pays for them.

Section 7 of the Child Support Guidelines answers that question. This article explains the categories that qualify, the tests a court applies, how the costs are shared, and how clear agreement wording heads off arguments.

Where section 7 comes from

Basic child support in BC is set by the tables in the Federal Child Support Guidelines, based on the paying parent's income and the number of children. Section 7 of the Guidelines adds a second layer: special or extraordinary expenses that can be shared in addition to the table amount.

The federal Guidelines apply directly to divorcing spouses. For families using BC's Family Law Act, the Family Law Act Regulation adopts the federal Guidelines, with some exceptions and adjustments, as BC's child support guidelines (sections 8 and 9). Section 150 of the Family Law Act then requires a court to determine child support in accordance with those guidelines. So section 7 applies in both systems. Our article on how child support is calculated in BC covers the table amount itself.

The six categories

Section 7(1) lists the only expenses that qualify:

• Child care incurred because of the employment, illness, disability, or education or training for employment of the parent who has the majority of parenting time. Daycare and before-and-after-school care are the usual examples.
• Medical and dental insurance premiums, but only the portion attributable to the child.
• Health-related expenses that exceed insurance reimbursement by at least $100 a year. The list includes orthodontic treatment, counselling, physiotherapy, occupational and speech therapy, prescription drugs, hearing aids, glasses and contact lenses.
• Extraordinary expenses for primary or secondary school education, or other educational programs that meet the child's particular needs, such as tutoring or a specialised program.
• Post-secondary education expenses.
• Extraordinary expenses for extracurricular activities, such as competitive sports, music or other programs.

Notice the word "extraordinary" in the school and extracurricular categories. A routine soccer registration may be covered by the table amount; an elite hockey program costing thousands a season may not.

The two tests: necessary and reasonable

An expense in the right category is not automatically shared. Section 7(1) says the court takes 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 both parents and the child, and the family's spending pattern before separation.

Families who spent heavily on private lessons during the relationship have a stronger argument that those costs should continue. A new, costly activity chosen by one parent without discussion is more likely to be disputed.

What makes an expense "extraordinary"

For school and extracurricular expenses, section 7(1.1) defines extraordinary expenses. First, they are expenses that exceed what the requesting parent can reasonably cover, taking into account that parent's income and the table support they receive. If that test does not apply, the court looks at factors such as the amount of the expense compared to that parent's income, the nature and number of programs, the child's special needs and talents, and the overall cost of all programs.

How the cost is shared

The guiding principle in section 7(2) is that the expense is shared in proportion to the parents' incomes, after deducting any contribution from the child. Section 7(3) requires the court to take into account subsidies, benefits, and income tax deductions or credits related to the expense, and any eligibility to claim them. For child care, that can significantly reduce the net cost being shared.

Example only: if one parent earns $90,000 and the other $60,000, their combined income is $150,000, so they would share a qualifying net expense roughly 60% and 40%. On a $1,000 net orthodontic bill, that would be about $600 and $400. Real calculations use guideline income, which can differ from a pay stub, and account for any tax credits or subsidies.

Common sources of conflict

• Signing up first, asking later. Many agreements require written consent before a new section 7 expense is incurred. Without that, the other parent may argue the expense was not reasonable.
• No receipts. Keep invoices and proof of payment, and share them promptly.
• Unclear timing. Say how quickly reimbursement must be paid, for example within 30 days of receiving a receipt.
• Post-secondary costs. Tuition, books and living away from home raise questions about the child's own contribution, scholarships and whether the child is still a "child" for support purposes. See our article on child support after 19 in BC.
• Changing incomes. Proportions shift when incomes change, so agreements often provide for annual income disclosure.

Writing it into your agreement or order

Clear wording prevents repeat disputes. A good section 7 clause typically lists the current expenses and their estimated cost, sets each parent's percentage share, says which new expenses need advance written consent and that consent will not be unreasonably withheld, sets a timeline for reimbursement, and explains how proportions update when incomes change. If an existing order no longer reflects the children's needs, section 152 of the Family Law Act allows an application to change it, for example where there has been a change in circumstances.

Disagreeing about extra child expenses? Get clear terms in writing

Our family lawyers can review your income information and the expenses in question, explain how section 7 is likely to apply, and draft or update agreement or order wording for sharing these costs.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.