What is a Section 7 in family law

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In family law, Section 7 refers to a section of the Canadian federal government's Guidelines for Child Support, which outlines the financial responsibilities of parents who are separated or divorced. Specifically, Section 7 deals with expenses that are considered "special or extraordinary" and not covered by the basic child support payments.

Under Section 7, both parents are responsible for contributing to these additional expenses in proportion to their respective incomes. The Guidelines provide a list of expenses that may be considered special or extraordinary, including:

  1. Childcare expenses: This includes expenses for daycare, after-school care, and babysitting services that are required in order for a parent to work or attend school.

  2. Healthcare expenses: This includes expenses for dental and orthodontic treatments, prescription medications, and other medical expenses that are not covered by a health insurance plan.

  3. Education expenses: This includes expenses for private school tuition, tutoring services, and other educational expenses that are not covered by the public school system.

  4. Extracurricular activities: This includes expenses for sports teams, music lessons, and other activities that are not covered by the basic child support payments.

  5. Travel expenses: This includes expenses for transporting the child between the parents' homes, as well as expenses for travel related to special occasions or events.

When determining how much each parent is responsible for contributing to these special or extraordinary expenses, the Guidelines require a two-step analysis. First, the total amount of the expense is calculated. Second, each parent's contribution is calculated based on their proportionate share of the total income.

For example, if the total expense is $1,000 and Parent A earns $60,000 per year while Parent B earns $40,000 per year, Parent A would be responsible for contributing $600 (60% of the total expense) and Parent B would be responsible for contributing $400 (40% of the total expense).

It is important to note that Section 7 expenses are not automatically covered by the basic child support payments. Instead, parents must request that the other parent contribute to these expenses and provide evidence of the expense, such as receipts or invoices. If the parents are unable to agree on how to share these expenses, they may need to seek the assistance of a mediator or go to court to resolve the issue.

In conclusion, Section 7 of the Guidelines for Child Support is an important aspect of family law in Canada. It outlines the financial responsibilities of parents when it comes to special or extraordinary expenses for their children, and ensures that both parents contribute in proportion to their respective incomes. If you have questions or concerns about Section 7 expenses, it is important to seek the advice of an experienced family law attorney.

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