Who Covers the Cost of Extracurricular Activities in a Divorce?

Jan 31st 2025

As discussed in, “Child Support In Ontario: How’s it Determined” child support is an ongoing, periodic payment that is made by a parent for the benefit of a child. Child support is put in place to make sure that the financial needs of the children are met. However, child support only covers the basic needs such as housing, food and clothing. What about additional expenses such as tuition or extra curricular activities like swimming lessons? In Ontario section 7 expenses cover the above-mentioned expenses. 

What is Section 7 Expenses? 

Section 7 expenses also known as special and extraordinary expenses refers to the following expenses regarding a child: 

• Childcare expenses: Daycare or babysitting  
• Medical Expenses: Medical expenses where the child is uninsured  
• Education Expenses: Tuition for private or post secondary schools or tutoring
• Post secondary expenses; and 
• Extracurricular activities: such as basketball, soccer, dance lessons etc.

Who pays Section 7 Expenses? 

Section 7 expenses are usually proportional to the parents’ income. For example, if parent one earns $70,000.00 per year and parent two makes $30,000.00 per year, parent one is responsible for 70% share of the child’s section 7 expenses, while parent two is responsible for 30% of section 7 expenses. However, the parties can agree to share the amount of special and extraordinary expenses in any way they see fit.  

Courts encourage parents to consult with one another before incurring a special or extraordinary expense.

Court Consideration of Section 7 Expenses

In order to determine if section 7 is reasonable and should be granted courts will consider three key guidelines

1.     Necessary: Is the expense necessary?
2.     Reasonable: Is it reasonable given the parents’ means?
3.     Consistent: Is it consistent with the family’s lifestyle before the parents’ separation?

The Court will also consider the child’s wishes as well. Specifically, the Court will see if the child wants to continue with the activity, how well the child is performing in the activity, and how many other activities is the child enrolled in. For example, if the child is enrolled in multiple programs/activities the court may see that as a concern.

Reasonable

If you are the parent who is requesting that special and extraordinary expenses should be paid, that parent will have to show that the expense is reasonable. To determine if an expense is reasonable the court looks at the following circumstances.

• Both parent’s incomes
• The basic monthly child support that is being paid
• The total cost of the special and extraordinary expenses

Necessary

To show that the expense is necessary the parent asking for the expense to be paid must show that the expenses are in the best interests of your child. For example, it can be in your child’s best interest to take competitive soccer lessons because they are talented in soccer, or to hire a tutor because they need help with science.  

Consistent

Consistency refers to whether the special and extraordinary expenses were a part of the family’s spending habits before the parents separated. For example, if John and Sally were married and they have a son, Elliot. Elliot consistently went to basketball classes while his parents were married. If the parties separated basketball classes would reasonably be included in extraordinary expenses.

Dependent

For parents to share the special or extraordinary expenses the child must be a dependent. A dependent usually means a child who is under the age of 18. However, a child who is over the age of 18 can still be a dependent if they:

• Have a disability or illness, or
• Are going to school full time.

A child is considered to not be  a dependent if they marry or are at least 16 years old and leave the home voluntarily.

Child Support: Shared Expenses After Deductions

Section 7(3) of the Child Support Guidelines states that parents only share the expenses after any subsidies, benefits, credits are deducted from the expense. If daycare costs $100.00 per month, but if there is a government subsidy that covers $25.00 then the $75.00 would be divided between the parents proportionate to their incomes.

Financial Information

For the court to decide on the amount a parent pays for special and extraordinary expenses it is helpful to exchange financial information periodically. The financial information can be shared in various forms; however, it is recommended that the Financial Statements (Form 13 or Form 13.1) which are provided by the court are used.

In particular, the parent who is asking for special or extraordinary expenses to be paid should include the following information;

• The name of each expense and what it is.
• The total amount for the expense.
• The dates payments need to be made.
• Original receipts of the extraordinary expense; and
• Any other relevant information. 

What If the Other Parent Does Not Pay?

There are a few different avenues that you can take when the other parent does not pay for special and extraordinary expenses.

• Specified Dollar Amount

If the dollar amount has been specified by either a Court order or via an agreement then the Family Responsibility Office (FRO), can collect the other parent’s share of special and extraordinary expenses. Please note that the FRO will not look at receipts and will not look at the percentage that each parent should contribute. If you would want the FRO to enforce the collection of special and extraordinary expenses it is necessary to have a specified dollar amount.  

• No Specific Dollar Amount 

If a dollar amount has not been specified then you will have to go back to court, bring a motion and  have a judge determine the amount that the other parent should be paying for the special and extraordinary expenses. In this circumstance, an updated financial statement, affidavit, other materials and maybe a case conference will be required before the motion can be heard in front of a judge. 

If you are in the process of getting separated or divorced and you have children it is extremely important that a plan be set out for the children as soon as possible for their future. Please consult our expert lawyers in Family Law and explore your options. 

 

Key Takeaways:

• Section 7 Expenses include childcare, medical costs, education, post-secondary, and extracurricular activities.
• Who Pays Section 7 Expenses? Proportionate to the parent’s income.
• Court Considerations: The court evaluates if the expense is necessary, reasonable, and consistent with the family’s lifestyle.
• What Makes an Expense “Reasonable”? It’s assessed based on both parents’ incomes, current child support, and the total expense.
• What Makes an Expense “Necessary”? It must be in the child’s best interest (e.g., tutoring or specialized activities).
• What Makes an Expense “Consistent”? It should align with the family’s pre-separation spending habits.
• Dependent Child: A child under 18, over 18 if they have a disability or are full-time students.
• Deductions: Parents share Section 7 expenses after subsidies, credits, or benefits are deducted.
• Financial Information: Regular sharing of financial details is crucial for determining responsibility for Section 7 expenses.
• If One Parent Doesn’t Pay: The Family Responsibility Office can collect specified amounts, but if no amount is specified, further court action is needed.

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