Extracurricular Expenses and Custody in Newfoundland and Labrador

Hockey registration fees, swim lessons, math tutoring, orthodontic work — who pays for what after separation is one of the most persistent sources of conflict between co-parents. In Newfoundland and Labrador, the rules for dividing these costs are set out in the Child Support Guidelines, but the details often need to be spelled out in your parenting plan.

Section 7 Expenses: What They Are

Under the federal Child Support Guidelines (which Newfoundland and Labrador adopts through its own regulations), "Section 7 expenses" are special or extraordinary costs beyond regular child support. They include:

• Childcare required due to employment, education, or health reasons
• Health-related expenses not covered by insurance (orthodontics, therapy, prescription eyeglasses, physiotherapy)
• Extraordinary extracurricular activities (competitive sports, music lessons, dance, elite training programs)
• Post-secondary education costs
• Extraordinary school expenses (private school tuition, tutoring for learning disabilities)

The key word is "extraordinary" — regular school supplies, basic clothing, and everyday activities are covered by the base child support amount. Section 7 expenses are costs that go beyond what the table amount is designed to cover.

How Costs Are Split

Section 7 expenses are shared between parents in proportion to their respective net incomes, unless the parents agree to a different arrangement in their parenting plan.

For example, if one parent earns $60,000 and the other earns $40,000 (a 60/40 income ratio), the higher-earning parent pays 60% of qualifying Section 7 expenses and the lower-earning parent pays 40%.

The expenses must be necessary given the child's best interests and reasonable in relation to the parents' combined financial means. A judge won't order a parent earning $35,000 per year to fund half of a $15,000 competitive hockey season. But the same judge will likely order both parents to share the cost of medically recommended therapy or essential childcare.

What Counts as "Extraordinary"

This is where most disputes arise. A recreational soccer league is probably not extraordinary — it's a normal childhood activity. But a competitive rep hockey program with $5,000+ in annual fees, tournament travel, and equipment could qualify.

Courts consider:

• The child's established pattern of activities before separation
• Whether the activity is genuinely necessary for the child's development or health
• Whether the cost is proportional to the family's overall financial situation
• Whether both parents were consulted and agreed before the child was enrolled

This last point is critical. Under joint decision-making responsibility, enrolling a child in a significant (and expensive) extracurricular without the other parent's agreement is a mistake. It can result in the enrolling parent bearing the full cost.

Medical and Educational Decisions

Extracurricular expenses are closely tied to broader decision-making authority:

Medical decisions: Whoever has decision-making responsibility for health care authorizes non-emergency medical treatment — braces, therapy, elective procedures. The costs still get shared under Section 7, but the decision to proceed requires the designated parent's approval.

School records access: Both parents have the right to access their child's school records, progress reports, and teacher communications during their parenting time. This right exists under the Divorce Act regardless of how decision-making is allocated. Schools in Newfoundland and Labrador are required to provide information directly to both parents unless a court order specifically restricts access.

Right of First Refusal

A right of first refusal clause is a parenting plan provision that says: if the parent with scheduled parenting time can't be with the child (work trip, emergency, social event), they must offer that time to the other parent before arranging a babysitter or other caregiver.

This clause prevents situations where a child spends their "parenting time" with a grandparent or the parent's new partner while the other parent — who would have gladly taken the child — sits at home. It's particularly useful when parents live close to each other and schedule flexibility is practical.

A well-drafted right of first refusal clause specifies:

• The minimum absence duration that triggers the right (e.g., absences longer than 4 hours or overnight)
• The notice period required (e.g., 24 hours)
• How the other parent accepts or declines (within a specified response window)
• That if the other parent declines, the original parent may arrange alternative care

Tracking and Documenting Expenses

The biggest practical challenge with Section 7 expenses is documentation. Without a system, receipts get lost, reimbursement requests pile up, and disputes escalate.

Effective tracking approaches:

• Shared spreadsheet: A Google Sheet or Excel file shared between both parents, updated monthly with receipts attached
• Co-parenting app: OurFamilyWizard and similar apps include expense tracking modules that log costs, attach receipts, and calculate proportional shares
• Quarterly reconciliation: Rather than requesting reimbursement for every individual expense, some parents settle up quarterly — totalling all Section 7 costs and reconciling the proportional shares in one payment

Include the tracking method and reconciliation schedule in your parenting plan so it's enforceable.

Including Expense Provisions in Your Plan

The Newfoundland and Labrador Custody & Parenting Plan Guide includes an expense-tracking worksheet and Section 7 cost-sharing clauses designed for inclusion in your parenting plan. It covers how to define which activities qualify, how to handle disagreements about enrollment, and how to structure the documentation and reimbursement process.

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