Section 7 Expenses in Alberta Family Law: A Comprehensive Guide

Family law matters often raise questions around child-related expenses beyond basic child support payments that are necessary for the child’s education, extracurricular activities, and overall well-being. In Alberta, Section 7 of the Federal Child Support Guidelines addresses these additional expenses and provides a framework for sharing the financial responsibility between separated or divorced parents.

In this article, we’ll explore what Section 7 expenses are, how they are determined, and what parents need to know when dealing with these costs.

What are Section 7 Expenses?

  • Definition: Section 7 outlines the procedures for special or extraordinary expenses associated with a child’s upbringing that go beyond basic child support. These may include education, childcare, extracurricular activities, and health-related expenses.
  • Shared Responsibility: Both parents are generally responsible for contributing to Section 7 expenses, with the goal of ensuring that the child’s needs are adequately met.

Types of Section 7 Expenses

  • Educational Costs: These extraordinary expenses may include primary or secondary school tuition fees, school supplies, educational programs, tutoring, and other related costs. However, courts have regularly found that regular school fees and supply expenses are not extraordinary and would not be a shareable Section 7 expense. Parents should note that in Alberta, when a child turns 18, support is not automatically terminated, and their post-secondary education tuition may still qualify for child support under both the Alberta Family Law Act and the Federal Divorce Act.
  • Childcare Expenses: Child care expenses incurred for services such as daycare or after-school care may count as extraordinary Section 7 expenses in Alberta.
  • Health-Related Expenses: These may include extraordinary medical and dental expenses that are not covered by insurance or exceed insurance reimbursement. Examples include orthodontic treatment, prescription drugs, occupational therapy, hearing aids, and glasses and contact lenses, among other medical expenses.
  • Extracurricular Activities: These are fees for activities such as sports, music lessons, or other enriching experiences.

Determining Section 7 Expenses

  • Reasonable and Necessary: Section 7 extraordinary expenses must be reasonable and necessary for the child’s well-being. The court will assess the nature of the expense and whether it enhances the child’s quality of life. The court will also consider the reasonableness of the expense in relation to the means of the parents and the family’s spending pattern prior to the separation.
  • Proportionate Sharing: The Federal Child Support Guidelines generally require both parents to contribute to Section 7 expenses in proportion to their respective incomes. For example, if one parent earns $40,000 annually and the other earns $60,000 annually, they would be responsible for 40% and 60% respectively. Many separated or divorced parents find it helpful to use an online child support or Section 7 expenses calculator to understand the estimated amount of support that they may owe.

Obtaining Consent or Court Order

  • Consent Agreement: Parents can settle how to share Section 7 expenses outside of court. However, it’s a good idea to document this agreement in a written consent order.
  • Court Order: If parents cannot reach an agreement, a court may issue an order outlining how Section 7 expenses will be apportioned.

Do Parents Have to Agree on Section 7 Expenses?

Tension and frustration may arise if separated or divorced parents cannot agree on what is or isn’t considered an extraordinary expense. Disagreements may arise when one parent refuses to contribute to paying for a certain expense, in which case, there are options available to resolve the matter:

  • Mediation: Mediation is an effective alternative for resolving disputes over Section 7 expenses. A neutral mediator can help parents reach a mutually agreeable solution. Mediation is a good choice for conflict resolution when the child care expenses are not significant enough to justify the cost of attending court.
  • Consulting with a Family Lawyer: If disputes persist, consulting with a family lawyer is essential. A lawyer can provide legal advice, guide you through the court process, and advocate for your and your child’s best interests.

Ongoing Communication

  • Regular Updates: Given that Section 7 expenses may change over time, maintaining open and transparent communication between parents is crucial. Regular updates and discussions can help prevent conflicts. It is common to be required to receive the other parent’s consent before incurring a new Section 7 expense, and failure to do so may result in the expense being paid entirely by the parent who approved it.

Enforcement of Section 7 Obligations

  • Legal Consequences: Failing to meet Section 7 obligations can have legal consequences. The court may enforce compliance, potentially leading to financial penalties for the non-compliant parent. In Alberta, the Maintenance Enforcement Program can assist with collecting unpaid Section 7 expenses alongside regular child support payments.

Navigating Section 7 extraordinary expenses can often be challenging for separated or divorced parents, but understanding Section 7 expenses is essential for successfully resolving family law matters in Alberta. By being aware of the types of expenses covered, the principles guiding their determination, and the available dispute resolution mechanisms, parents can work towards a fair and collaborative approach to providing for their child’s needs.

Seeking legal advice when necessary ensures that your rights and responsibilities are properly addressed within the framework of Section 7 of the Federal Child Support Guidelines.

How Kirk Montoute Dawson LLP Can Help You Understand Child Support Obligations

Decisions about Section 7 expenses should be made carefully, considering both parents’ financial circumstances and the child’s best interests. Much of the confusion surrounding these expenses can be avoided with clear separation agreements or consent orders that outline how extraordinary expenses will be handled. Consult with a Kirk Montoute Dawson LLP family lawyer for advice on Section 7 expenses when negotiating child support arrangements, resolving disputes over extraordinary expenses, or seeking enforcement of unpaid obligations.

Author: Michael Ross

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