What Are And Are NOT S.7 Expenses Or Extraordinary ... - YLaw

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Blog What Are and Are NOT s.7 Expenses or Extraordinary Expenses in BC? BC Child Support April 7, 2019 Leena Yousefi BC Child Support

Our Child Support Lawyers at YLaw often encounter parents not knowing what is or isn’t an extraordinary or s.7 expense for their children. This can create major problems and acrimony between separated parents: one thinks the other doesn’t care about his/her children paying for various expenses; the other thinks he/she is simply being robbed of hard-earned money or is paying too much.

For the sake of clarity, in this article I will explain what are definitely s.7 expenses, what are uncertain s.7 expenses, and what are not s.7 expenses. I will also tell you how to successfully get reimbursed for s.7 expenses. 

Table of Contents

• 1 What ARE s.7 Expenses or Special and Extraordinary Expenses in BC?
• 2 Meet Our BC Child Support Team
• 3 What Are Standard Types of s.7 Expenses in BC? 
• 4 What are Uncertain s.7 Expenses in BC? 
• 5 What are NOT s.7 Expenses or Extraordinary Expenses in BC? 
• 6 Basic Child Support or Table Amount of Support Are Not S.7 Expenses
• 7 How to Successfully Get Reimbursed for s.7 or Special and Extraordinary Expenses

What ARE s.7 Expenses or Special and Extraordinary Expenses in BC?

Special and Extraordinary or S.7 expenses in BC are: 

• Expenses that go above and beyond the basic necessities of a child’s life;
• They must be reasonable, meaning they would make sense given the incomes of the parents and pattern of spending prior to separation; 
• They must be necessary, meaning not a waste of money or time – i.e. tutoring for children who need a bit of extra help with school, etc. 
• Are rarely set or flat; and
• Both parents need to share s.7 expenses (almost always) based on their proportionate incomes. 

To learn more about the definition and application for these expenses, click here. 

Meet Our BC Child Support Team

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What Are Standard Types of s.7 Expenses in BC? 

Some special and extraordinary expenses are fairly automatic and almost always get approved by the Court or law. They include:

• child care expenses in including daycare, nanny or baby-sitting costs, 
• reimbursement for medical costs over $100 annually,
• medical or dental insurance premiums that are attributable to a child, 
• tutoring expenses,
• health services such as orthodontics, psychologists, nutritionists, etc;
• Post secondary expenses such as university tuition. 

What are Uncertain s.7 Expenses in BC? 

Uncertain extraordinary expenses are those that are sometimes approved for a child, and sometimes they are not. Ordering or approving them depends on the specific factual circumstances of the child or the parents. It is mostly a case-specific inquiry. They mainly include expenses for:

• Some extracurricular activities including swimming, gymnastics, Karate, etc; 
• Horse-backing riding; 
• Competitive dance and uniforms for dance; 
• Competitive ice-skating and uniforms for ice-skating; 
• Extraordinary expenses for primary or secondary school such as tuition, etc;
• Cellphones;
• Laptops;
• Other educational programs (i.e. Yoga teacher’s training).  

Sometimes, they are approved by the judge in some cases. In other cases, they are not. So how do you know if they will be approved in your case? 

Wait for it:

IT DEPENDS.

This is because the judge will have to consider the incomes of parents AND the cost of these expenses to determine whether these expenses are reasonable or necessary. After all, there is only so much money to go around. So if you want to know for sure whether an expense is covered in your case, it is best to contact our experienced child support lawyers at Ylaw in Vancouver or Surrey. Call us at 604-974-9529 or get in touch. 

What are NOT s.7 Expenses or Extraordinary Expenses in BC? 

Based on numerous previous cases, the following expenses are not s.7 or extraordinary expenses in British Columbia, regardless of your situation: 

1. Pets – unless needed for medical or disability purposes; 
2. School fees and supplies (note that school fees is different from private school tuition, which may be a s. 7 expense if it is reasonable and necessary);
3. Clothing;
4. Children’s meals outside the home;
5. Vacations;
6. Home computer (though school-related laptop computers and cellphones have been found to be s. 7 expenses);
7. Christmas gifts to children; 
8. Recreational activities unless the participation goes beyond that of the “average child”;
9. A child’s criminal defence fees; 
10. Cars and their associated maintenance; 

Also remember that expenses covered under Table Amount of Child Support or Basic Child Support cannot be covered under s.7 expenses as well. Let me explain: 

Basic Child Support or Table Amount of Support Are Not S.7 Expenses

Basic Child Support, Monthly child support or “Table Child Support” in BC is: 

• A flat amount of child support a parent needs to pay per month. This amount includes food, shelter, clothing, grooming, and basic necessities of a child’s life. 
• It doesn’t matter where in BC you live; you pay the same basic amount of Table amount of child support based on a straight forward formula found in the Child Support Guidelines;
• The parent having the kids in his/her care less than 40% of the time will need to pay the full amount of Table Support regardless of the other parent’s income.

So basic necessities of your child are already covered under the Table Amount and are therefore, NOT s.7 expenses. To learn more about monthly child support, click here. 

How to Successfully Get Reimbursed for s.7 or Special and Extraordinary Expenses

Since some s.7 expenses are uncertain or may not be covered, here are the steps to follow to make sure you maximize your chances of getting reimbursed for them: 

1. Talk to a family lawyer – make a list of all of your child’s expenses. Include type and costs. Take that list to your lawyer to see which expenses will likely be covered given your family’s situation; 
2. Email or text the other parent about the expense prior to incurring the expenses. This means you gave the other parent enough notice about the expense and didn’t catch them off guard with another invoice; 
3. Ask the other parent to agree to sharing the expenses in advance. If they later back out of the agreement, it will be very easy to enforce the expense. 
4. If you have a court order or agreement regarding child support and s. 7 expenses, register that with Family Maintenance and Enforcement program. They will likely enforce the expense and collect money from the other parent on your behalf. 

Extraordinary expenses are important and sometimes can determine the faith and future of your child. It is very important that you are fully aware of your rights and obligations when it comes to these expenses. Call us at 604-974-9529 or get in touch to find out more. 

This article is for information only and does not constitute legal advice. It does not create a lawyer–client relationship with YLaw or any of its lawyers. Laws and policies change, and information here may not reflect the most current legal developments. For full details, please contact us to obtain advice about your specific situation.

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604-974-9529 Tell us About Your Case Related News

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