Cracking the Code: Extra Expenses and Child Support in British
When parents separate or divorce, child support is a key part of ensuring their children's needs are met. While many people are familiar with the base child support amount, fewer understand how “extra expenses” (also known as Section 7 expenses) are handled
under the law in British Columbia. The law ensures that both parents contribute to their child's well-being. Beyond the basic child support amounts outlined in the Federal Child Support Guidelines, there are additional costs known as special or extraordinary expenses. These expenses are designed to address specic needs that go beyond the
essentials of raising a child.
This blog breaks down what qualies as extra expenses, how they’re shared, and what to do if disagreements arise.
What Are Section 7 Expenses?
Under the Federal Child Support Guidelines, Section 7 expenses refer to “special or extraordinary expenses” for a child. These are costs that go beyond the basic monthly child support and are meant to cover important aspects of a child’s well-being and development.
Common Section 7 expenses may include:
- Childcare expenses incurred due to a parent’s work, education, or health needs
- Medical and dental expenses not covered by insurance
- Educational costs, such as private school tuition or tutoring
- Post-secondary education expenses
- Extracurricular activities (e.g., sports, music lessons, art classes), especially if they are signicant or high-level
- Costs associated with a child’s special needs
How Are These Expenses Shared?
In British Columbia, both parents are generally expected to contribute to Section 7 expenses in proportion to their respective incomes. This is separate from the basic child support, which is usually based on the paying parent’s income alone.
Example:
If Parent A earns $60,000/year and Parent B earns $40,000/year, then extra expenses would typically be split 60/40 between them. It’s important that these costs are reasonable and necessary. The court may assess:
- Whether the expense is truly extraordinary based on the family’s income and circumstances
- If both parents agreed to the expense
- The benet to the child
Is Court Approval Needed?
Parents can agree on how to handle Section 7 expenses in a separation agreement or parenting plan. If there is no agreement, the court may step in to:
- Decide whether the expense qualies under Section 7
- Determine how it should be shared
- Issue an order requiring reimbursement or payment
It's generally best to consult a lawyer before committing to large expenses that may later be disputed.
Documentation and Communication Matter
To avoid conict, it’s crucial for both parents to:
- Keep clear records of all extra expenses and receipts
- Communicate in writing when proposing or discussing a new expense
- Request consent for larger costs before incurring them
This helps ensure transparency and strengthens your position if legal enforcement becomes necessary.
What If the Other Parent Refuses to Pay?
If one parent refuses to contribute to agreed-upon or court-ordered Section 7 expenses, enforcement options are available. In B.C., you can le the agreement or order with the Family Maintenance Enforcement Program (FMEP), which can take steps to collect
outstanding amounts.
Key Takeaways:
- Section 7 expenses are not covered by the base child support amount.
- They must be reasonable, necessary, and often require mutual agreement.
- Costs are shared proportionately to income, unless otherwise agreed.
- Always document expenses and communicate clearly to avoid disputes.
Need Help Navigating Child Support Issues?
At Grewal Litigation, we know that child support issues can be overwhelming and intricate. Whether you’re working on a parenting agreement or dealing with disagreements over Section 7 expenses, our experienced team is dedicated to safeguarding your rights and prioritizing your child’s well-being.
Contact us today to schedule a consultation and take the rst step towards clarity and resolution.
Phone: (604) 977-1000
Email: admin@grewallitigation.com
Our Surrey-based team is ready to protect your interests and work toward the best possible outcome for your case.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Surrey’s municipal bylaws vary, and outcomes depend on individual circumstances. Please consult a lawyer at Grewal Litigation to discuss your specific situation.