In Canada, child support is divided into two parts: the basic monthly “table amount” and special and extraordinary expenses. A common point of conflict for separated couples is whether parents have to agree on section 7 expenses before they are incurred. Legally, while the Federal Child Support Guidelines mandate that these costs be shared in proportion to each parent’s income, the expense must be both necessary for the child’s best interests and reasonable given the family’s financial means. If parents cannot reach an agreement, the court will intervene to determine if the cost qualifies based on the family’s historical spending patterns and the child’s specific needs.
The Hidden Layer of Child Support: Beyond the Monthly Check
Suppose your daughter is a gifted gymnast. Before you and your spouse separated, you both proudly paid for her elite training.
Now that you are living in separate homes in Moose Jaw, the registration fee is due. One parent says, “It’s too expensive now,” while the other says, “She can’t just quit.”
This is the classic dilemma of Section 7. Basic child support is meant for the “essentials,” bread, milk, and a roof over their heads.
But life isn’t just about the essentials. It is about the tutoring they need to pass math, the braces for their smile, and the daycare that allows you to keep your job.
Do Parents Have to Agree on Section 7 Expenses?
The short answer is: Usually, yes, if you want to avoid a legal headache.
While the law doesn’t strictly require written consent for every single penny, it strongly encourages consultation.
If you go out and sign your child up for a $5,000 private hockey camp without telling the other parent, a judge might find the expense “unreasonable” and refuse to order the other parent to pay their share.
However, there is an exception. If an expense is clearly necessary, like an emergency dental surgery or the daycare needed for you to work, the court is much more likely to order the other parent to pay, even if they didn’t ‘agree’ to it at the time.
What Qualifies? The List of Section 7 Expenses
Not every “extra” cost is a Section 7 expense. Buying a new PlayStation or designer sneakers usually falls under basic child support. To be considered “special,” the cost must fit into one of these specific categories:
Common Extraordinary Expenses Examples
- Childcare: Daycare or after-school care is required because the primary parent is working or going to school.
- Health-Related Costs: Anything over $100 per year not covered by insurance (orthodontics, therapy, glasses, or prescriptions).
- Education: Private school tuition or tutoring if the child has special needs.
- Post-Secondary: Tuition and living costs for university or college.
- Extracurriculars: Competitive sports, music lessons, or art programs that go beyond a “basic” hobby.
| Expense Type | Is it Section 7? | Why or Why Not? |
| School Supplies | No | Covered by basic monthly support. |
| Braces/Orthodontics | Yes | It is a “Special” health expense. |
| Summer Camp | Maybe | Depends on family income and past spending. |
| Piano Lessons | Maybe | If the child is talented or did it before the split. |
How to Calculate Section 7 Expenses
In Canada, these costs are not usually split 50/50. Instead, they are shared proportionally to income.
To calculate section 7 expenses, you take the total income of both parents and divide it by the number of people in the household to determine each person’s share of the “pot.”
Example: > Parent A earns $60,000.
Parent B earns $40,000.
Total Income = $100,000.
Parent A pays 60% of the expense, and Parent B pays 40%.
The “Net Cost” Rule
You don’t just split the sticker price. You must first subtract any tax credits, subsidies, or refunds.
- If daycare costs $1,000 but you get a $200 tax refund for it, the “net cost” is $800.
- You split the $800, not the $1,000.
Special and Extraordinary Expenses: The “Reasonableness” Test
Even if an item is on the list of section 7 expenses, the court still asks: Is it reasonable?
A judge in Moose Jaw will look at your family’s specific situation. If both parents together make $50,000 a year, a $10,000-a-year private school is likely “unreasonable.”
But if the parents make $300,000, that same school might be considered a standard part of the child’s life.
The court looks at:
- Spending History: Did you pay for this activity before you separated?
- The Child’s Talent: Is the child exceptionally gifted in this area?
- Financial Means: Can both parents actually afford this without going into debt?
Handling Disputes: When “Agreement” Breaks Down
It is one thing to know that parents should agree, but what happens when one parent flatly refuses to pay? In Moose Jaw, the “agreement” often fails because one parent views an activity as a luxury while the other views it as a necessity.
If you find yourself in a standoff, you have a few legal pathways to resolve the conflict without spending more on a lawyer than the expense itself is worth.
- Mediation: A neutral third party can help you both look at the “Reasonableness Test” objectively.
- Case Conferences: A judge can give a “non-binding” opinion on whether they would likely order the expense at trial.
- Notice of Motion: For large expenses (like university tuition), your lawyer can file a motion specifically to have the court rule on that single cost.
Section 7 Expenses Ontario vs. Saskatchewan
While the Federal Child Support Guidelines are the same across Canada, the way they are applied can vary slightly by province.
For instance, section 7 expenses in Ontario cases often involve higher costs for private daycare due to the GTA market.
In Saskatchewan, we often see more disputes surrounding the “family farm” and how farm income is used to calculate the proportional split.
Regardless of where you live, the goal remains the same: ensuring the child doesn’t “lose out” on their lifestyle because their parents live apart.
Managing Special Needs and Disability Costs
When a child has a documented disability or special needs, the definition of “extraordinary” expands significantly. The court recognizes that these children may require support far beyond what a standard table amount covers.
Necessary expenses for special needs often include:
- Behavioral or occupational therapy.
- Specialized tutoring or private schooling tailored to a learning disability.
- Medications or mobility aids are not covered by insurance.
In these cases, the “agreement” part of the do parents have to agree on section 7 expenses section carries less weight.
If a doctor or specialist has recommended a treatment, the court will almost always deem it “necessary” and order it to be shared, even if one parent disagrees with the diagnosis.
Resolving the Conflict
Understanding whether parents have to agree on section 7 expenses is about more than just reading the law, it’s about maintaining a working relationship for the sake of your kids.
Whether you are arguing over hockey fees or university tuition, the most successful parents are the ones who treat these expenses like a business negotiation rather than a battlefield.
If you find yourself stuck in a stalemate, don’t let the resentment grow. Legal clarity can often save you thousands in the long run.
Just as you must be precise with your child support, you must be careful with how you present your household to the government.
Need help calculating your share or negotiating a fair agreement? Contact a Moose Jaw Family Lawyer today at (306) 992-9014 for professional guidance.
FAQ: Common Questions About Section 7
Can I stop paying if I don’t agree with the activity?
You should not stop paying without a court order or legal advice. If the expense is found to be “necessary and reasonable” later, you could be hit with a massive bill for “arrears” (back-pay) plus interest.
What happens if one parent’s income changes?
You must recalculate the split! Since Section 7 is based on your proportion to income, if you get a raise or lose your job, your percentage of the “extra” expenses should change immediately.
Does the child have to contribute?
Yes, if the child is older (a teenager or university age). The court expects the child to contribute through part-time work, grants, or bursaries before the parents’ proportional split is calculated.
What if the other parent pays for everything and then sends me a bill months later?
The “surprise bill” is a major issue. While they might still be entitled to the money, a judge may penalize a parent who doesn’t consult the other before spending. Communication is the best way to protect your wallet.
