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Section 7 Expenses Alberta: How Extraordinary Costs Are Shared

Section 7 Expenses Alberta: How Extraordinary Costs Are Shared

Your child needs braces, wants to continue competitive hockey, and the school recommends tutoring for a learning disability. Basic child support covers housing and groceries — but who pays for the extras?

Section 7 of the Federal Child Support Guidelines covers "special or extraordinary expenses" — costs beyond what basic table support is meant to cover. In Alberta, these expenses are shared proportionally between parents based on their respective incomes, and they're one of the most contentious areas in custody negotiations.

What Qualifies as a Section 7 Expense

The Guidelines list specific categories:

Childcare expenses incurred because of the custodial parent's employment, illness, disability, or education. This includes daycare, before-and-after-school programs, and summer camp when it replaces childcare.

Health-related expenses not covered by insurance — orthodontics, prescription glasses, counselling, physiotherapy, speech therapy, and any medical or dental treatment beyond provincial health coverage.

Extraordinary expenses for primary or secondary education — private school tuition, specialized educational programs, tutoring for documented learning needs.

Post-secondary education expenses — tuition, textbooks, and living costs for a child attending college or university.

Extraordinary extracurricular activities — competitive sports, elite music programs, or other activities that are important to the child's development but involve significant cost. The key word is "extraordinary" — routine activities at modest cost aren't Section 7 expenses.

How the Proportional Split Works

Section 7 expenses aren't split 50/50 automatically. They're divided in proportion to each parent's income after accounting for applicable tax deductions and benefits.

Here's the math. If Parent A earns $80,000 and Parent B earns $40,000, their combined income is $120,000. Parent A's share is 67% ($80,000 ÷ $120,000) and Parent B's share is 33% ($40,000 ÷ $120,000).

If the child's annual hockey costs are $3,600:

  • Parent A pays $2,412 (67%)
  • Parent B pays $1,188 (33%)

The proportional split adjusts for tax benefits too. If one parent can claim the childcare expense deduction, the net cost after the tax benefit is what gets split — not the gross amount.

Necessary vs. Reasonable

A court won't automatically order sharing of every expense a parent claims is "extraordinary." The judge applies a two-part test:

  1. Is the expense necessary in relation to the child's best interests? Medical expenses for a diagnosed condition clear this easily. Competitive dance lessons for a twelve-year-old require more justification.

  2. Is the expense reasonable given the parents' combined resources and the child's lifestyle before separation? If the family couldn't afford private school before the split, a court is unlikely to order one parent to fund it now.

For discretionary activities, the court considers whether the child has a demonstrated aptitude or passion, how long they've participated, and whether discontinuing would harm their development. A child who's played rep hockey for six years has a stronger case than one whose parent enrolled them last month.

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Common Disputes and How to Avoid Them

The biggest fights happen when one parent commits to an expense without the other's consent, then demands reimbursement. Alberta courts have consistently held that unilateral decisions about extraordinary expenses don't bind the other parent.

Best practice: agree in writing before enrolling the child. Your parenting plan or consent order should include a Section 7 expense clause specifying:

  • Which expenses require mutual consent vs. unilateral authority
  • A deadline for responding to expense proposals (e.g., 14 days)
  • How receipts and proof of payment are shared
  • Whether the proportional split is recalculated annually based on updated income

The Alberta Child Custody & Parenting Plan Guide includes a Section 7 expense worksheet that walks through these decisions and helps you build a clear cost-sharing framework before conflict arises.

Tracking and Enforcement

Once a court orders proportional sharing of Section 7 expenses, it becomes enforceable — just like basic child support. If a parent refuses to pay their share, the other parent can register the outstanding amount with the Maintenance Enforcement Program for collection.

Keep meticulous records: invoices, receipts, cancelled cheques, registration confirmations. Courts expect documentation, not estimates. An annual expense reconciliation — where both parents compare actual costs against projected costs — prevents small discrepancies from becoming large disputes.

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