Top* Vancouver Section 7 Child Support Lawyers warn that basic child support is the floor and not the ceiling. Our top* Vancouver Section 7 Child Support Lawyers help ensure your children are financially supported so they thrive emotionally and are not short changed financially. Maclean Family Law is a multiple winner of Top Choice Award’s Vancouver’s best family law firm*. We have 5 offices across BC and also help medium to high net worth clients in our Calgary office. Call us toll free across Canada at 1-877-602-9900.
*(Top Choice Award (2014, 2016, 2017), top rated reviews on Google, Yelp, threebestrated, lawerratingz.com).
Child Support Lawyers Get More For Your Children Than Just Basic “SUPPORT”
Our team of Vancouver Section 7 Child Support Lawyers warn that basic child support is the floor and not the ceiling. Our Top Vancouver Section 7 Child Support Lawyers help ensure your children are financially supported so they thrive. In British Columbia, on top of the “table” amount of monthly child support parents may have to pay Special or Extraordinary Expenses, which are also called Section Seven Expenses because the rules for these payments are set out in section 7 of the Federal Child Support Guidelines. “Special” and “Extraordinary” are not the same thing.
Our Top* Vancouver Section 7 Child Support Lawyers want you to know that special expenses are things like health care and dental expenses, child care and expenses related to special needs, they are almost always shared by parents. They also may include the cost of post-secondary (college or university) education.
When you meet with our To*p Vancouver Section 7 Child Support Lawyers we will explain to you that extraordinary expenses are large expenses relative to the parents’ income, but are worth spending-on because of the child’s extraordinary talents or skills. For example, rep hockey (but probably not house league hockey), swim team (but probably not swimming lessons) or competitive gymnastics (but probably not recreation gymnastics). The extraordinary expense must be disproportionately large such that they are too much to be covered by base child support. In addition, there must be a reason why the expense benefits the child. While every child might want a horse, that does not make it a legitimate extraordinary expense unless the child is a particularly talented rider.
Also, our Top* Vancouver Section 7 Child Support Lawyers will explain that parents only share the after-tax deduction, after subsidy, bursary, etc. cost. The idea is that parents only share what they are out of pocket. So, for things like child care, where there may be a significant tax credit, the full amount on the recipe may be much higher than the amount the parents have to share because of the cost of the expense may be significantly reduced by tax credits and subsidies.
Child Support Lawyers Explain New BC Child Support Case
Finally, parents share qualifying special and extraordinary expenses in proportion to their incomes. Our Top* Vancouver Section 7 Child Support Lawyers know that attributing true income and not just using what one person is earning or saying they can earn is crucial to a fair sharing of section 7 child support expenses.
Last week Master C.P. Bouck of the British Columbia Supreme Court rendered a decision in Ball v. Ball, 2016 BCSC 2264 illustrating that “section 7 battles” can be contentious, and thus an areas where the top* Vancouver Family Lawyers at MacLean Law can help make sure that you get what you really need for your kids.
Tal Wolf one of our Top* Vancouver Section 7 Child Support Lawyers writes today’s blog on this tricky area. In Ball, the parties began living together in 2002, married the following year and separated on October 20, 2015. For most of the relationship, the parties resided in Yellowknife, N.T. The marriage broke down after the couple’s mutually agreed upon relocation to Victoria. Ms. Ball was the children’s primary caregiver since the separation.
Both parties re-partnered.
The three older children were enrolled in local schools and various extracurricular activities. The youngest child attended daycare and pre-school. The claimant spent between $14,630 and $17,860 annually in what she said were special or extraordinary expenses for the children. Mr. Ball agreed to contribute to the cost of his youngest’s daycare (but only for the net amount incurred by the claimant) and for his middle child’s.
He claimed that he was not consulted in advance about enrolling the older children in soccer, dance and karate. The Court agreed, and awarded only net childcare costs (daycare and childminding necessary for the claimant’s employment), MSP premiums for the four children, corrective lenses for any of the four children and the middle child’s orthodontic costs.
Ball renders an interesting summary of the law on Section 7 expenses that BC family court parties (and lawyers) would be wise to heed:
[48] Section 7 of the Federal Child Support Guidelines gives the court the discretion to order payment of an amount over and above the regular table amount. However, in order to qualify for a s. 7 order, the expenses must be proven to be “special” or “extraordinary” in some way.
[49] This is because the basic table amounts of child support are designed to cover all the “ordinary” costs of raising a child: D.M.C.T. v. L.K.S., 2008 NSCA 61at para. 25. Food, shelter, clothing and other necessities are all ordinary, as are many educational, extracurricular and recreational expenses: McLaughlin v. McLaughlin (1998), 167 D.L.R. (4th) 39 (B.C.C.A.).
[50] So when does an expense qualify as special or extraordinary? First, it must fit within one of the categories of expenses listed in section 7, as follows:
(a) child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;
(b) that portion of the medical and dental insurance premiums attributable to the child;
(c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;
(d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;
(e) expenses for post-secondary education; and
(f) extraordinary expenses for extracurricular activities.
[51] That list is exhaustive. If the claimed expense does not fit into any of those categories, it cannot be a special or extraordinary expense: Kase v. Bazinet, 2011 ONCJ 718 at para. 39.
[52] Even where an expense fits into one of the listed categories, that is not the end of the story. The expenses must be both “necessary” — as defined in relation to the child’s best interests — and “reasonable,” as measured against the combined financial means of the parents (and, where appropriate, the child) as well as the family’s spending patterns prior to separation: see section 7(1) and Yensen v. Yensen, 2003 BCSC 1372 at para. 8. In addition if the expense is one listed under subsection (d) or (f) — educational programs or extracurricular activities — the party claiming the expense must prove that they are “extraordinary.”
[53] There is no straightforward definition for “extraordinary” although section 7.1, recently added to the Guidelines, provides some guidance; it requires a sort of proportionality inquiry, looking at the nature and number of activities, any special needs or talents of the child, the overall cost of the activities, and any other similar relevant factors: see D.M.C.T. at para. 32.
[54] Because the tests are fact-specific, I cannot definitively say what types of expenses qualify in every case. But I can say what does not qualify as special or extraordinary:
Expenses such as “entertainment, pets, vacations, school fees, school supplies, children’s allowances, meals outside the home, personal grooming, and clothing” are not section 7 expenses: Mertler v. Kardynal (1997), 35 R.F.L. (4th) 72 (Sask. Q.B.).
A home computer and other similar technologies do not qualify as extraordinary as they are “common item[s] found in most homes”: Yensen at para. 18.
Recreational sports and other similar extracurricular activities — dance lessons, community sports leagues, ski trips, etcetera — are generally considered “ordinary.” The question is whether the participation goes beyond that of the “average child”: D.L.C. v. F.M.C., 2010 BCSC 1312at para. 67.
Child Support Lawyers Know Section & Expense Analysis Is Tricky
Unfortunately, there is not a master list that you can reference and see if something is extraordinary or not.
Each case depends on the individual family in question. A $3000 travel hockey expense may be extraordinary for one family, but not for another. In general, one must look at the cost of living for the family – including any child support received – in relation to the expense itself.
The following examples are expenses that the courts have not regarded as “extraordinary” and therefore the parent would have had to pay for the expense using the regular child support received:
- cell phone
- driving lessons
- baby-sitting
- internet connection
- cub scouts
- soccer/football
- meal plan at university
- summer camp
- YMCA membership
- swimming
- horseback riding lessons
Top* Vancouver Section 7 Child Support Lawyers Guide You Through The Complexity Of Special and Extraordinary Expenses
On the other hand, we have seen that some of these expenses may be considered extraordinary for families that do not earn a lot of money and the expense would be considered high in relation to their income.
The bottom line is that it is difficult for lawyers or litigants to predict when ordinary children’s activities may be considered “extraordinary” pursuant to section 7 (f) of the CSG. Outcomes differ from court to court, and even from judge to judge in the same court. In this respect, section 7(f) of the CSG may have failed in its objective to promote objectivity and consistency regarding the payment of additional child support for extracurricular activities.
It will be of interest to see whether the interpretation and application of section 7(f) of the CSG by the courts becomes more consistent and predictable in the future – but until then, having the courtroom advocacy of the Vancouver Family Lawyers at MacLean Law in your corner will ensure your best opportunity to recover the proper amount of assistance for the real-life needs and activities of your children as they grow and develop.
Call us early on so a proper analysis and strategy is developed before any mistakes are made on the amount of proper support for your child. Toll free 1-877-602-9900 across BC and in Calgary.
