Child-Related Expenses in Addition to Child Support

Under Canadian Federal and Provincial laws, children are entitled to financial support from both parents even if the parents are separated or divorced. In addition to child support, there may be other child-related expenses for which both parents may be responsible.

If you are Divorced

The Federal Child Support Guidelines are used when parents are legally married to one another and are seeking a divorce.

If you are Separated

Ontario’s Child Support Guidelines are used when parents were never married to one another or if they are currently married but are only seeking separation and not a divorce.

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Child Support Amounts

Under the Federal Child Support Guidelinesand Ontario’s Child Support Guidelines, children are to benefit from the financial means of both parents just as they would if the parents remain together. Child support amounts are fixed in accordance with the payor’s annual income and the number of children for who support is paid.

Additional Support

In addition to providing an amount in child support, Section 7 of the Federal Child Support Guidelines and Section 7 of Ontario’s Child Support Guidelines allow the court to also provide for an amount to cover all or any portion of what is referred to as the “special or extraordinary expenses” of the child.

There are six different types of “special or extraordinary expenses” as set out in Section 7 of the guidelines:

In Krislock v. Krislock, the court found that in applying for the other parent’s contribution to a “special or extraordinary expense”, the applicant parent must show that the child’s expense will or has already been incurred and that the expense falls within the scope of Section 7 of the guidelines.

In order for an expense to qualify as a “special or extraordinary expense”, the court must not only find that the expense fits into one of the above listed categories, but also must consider:

The “special or extraordinary expenses” provision is intended to ensure that if either parent has or will incur an additional expense for the child’s specific needs and/or participation in a specific activity found to be in the child’s best interests that both parents must share in the cost associated with the additional expense.

For More Information

For more information about Child Support and special expenses, please contact Niren and Associates Family Law Practice at 416 222 4555 or email us at info@divorcesupport.ca

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By candice - Last updated: Thursday, October 15, 2009
Filed in Child Support • Tags: ,