Navigating Back-to-School Expenses: Section 7 Expenses

With back-to-school season approaching, separated or divorced parents may find themselves unsure about which expenses they are responsible for when their children head back to school. In simple terms, children have the right to financial support through monthly child support payments that one parent must provide to the other, along with section 7 expenses.

What are Section 7 Expenses?

Monthly basic child support, also known as the "table amount," covers the regular expenses of caring for the child, such as housing, food, and clothing. This extends to include school supplies, lunch money, transportation to and from school, etc. 

Section 7 expenses, on the other hand, encompass special or extraordinary costs related to a child's health, childcare education, and extracurricular activities. It is important to note that not every out-of-pocket cost automatically qualifies as a section 7 expense. Instead, the following guiding principles can assist in determining whether an expense falls under this category.

To determine whether something is a Section 7 Expense, ask yourself if the extraordinary expense:

1. Is necessary for the child’s best interests?
2. Is reasonable considering the parties’ financial circumstances?
3. Aligns with the family’s spending patterns pre-separation? 

Section 7 Expenses & Back to School

Section 7 Expenses can cover a wide variety of costs, but in the context of back-to-school, the following are a few common examples: 

• Afterschool childcare
• Swimming, music, sports or other extracurricular lessons
• Equipment, clothing or other costs related to extracurricular activities
• Driving lessons
• Therapy sessions
• Tutoring classes
• Tuition for private school
• Post-secondary education (this can also include any housing, books, and electronics required) 

While the above represent common Section 7 Expenses incurred around back-to-school time, ultimately these expenses will differ for each family and child based on individual circumstances.

Who Pays for these Expenses?

Section 7 expenses are typically shared by both parents with each parties’ contribution being proportionate to the total annual gross income of both parties. For example:

• Parent A’s gross income is $100,000 and Parent B’s gross income is $120,000 annually. The total annual gross income of both parties is $220,000.
  • Parent A’s proportionate contribution would be 45% ($100,000/$220,000)
  • Parent B’s proportionate contribution would be 55% ($120,000/$220,000)

Another factor in determining how much each parent pays is the child's ability to contribute to these Section 7 Expenses. In cases where children have part-time employment, parents may take into account the amount the child can reasonably contribute before dividing the remaining costs.

It is strongly advised that prior to incurring any Section 7 Expenses, you discuss with your co-parent in advance. By having the other parent agree to contribute to the expense in writing, you can avoid unnecessary conflict later. Parents are encouraged to avoid unreasonably withholding their consent so they can work together to consider their child's best interests. 

If you are unsure if an expense qualifies as a section 7 expense or you and your ex cannot agree about how much each party should contribute, we encourage you to refer to the Child Support Guidelines  and seek the assistance of a family lawyer. We are here for you.