Extraordinary Child Support Amounts

In addition to the table support calculated according to the payer’s income (see our 05 Nov 21 blog), children are entitled to “special or extraordinary” expenses.  These include:

·         Child care necessary so that the primary parent can work, go to school, etc.;

·         Medical & dental insurance premiums for the child;

·         Net “health-related” expenses over $100/yr (i.e., after any insurance reimbursement);

·         Extra expenses for education (e.g., tutoring if necessary);

·         Post-secondary education (colleg e, university, tech school, incl. tuition, books, etc.); and

·         Extra-curricular activities (e.g., sports, band, Scouts, Grad, etc.).

Note that “health-related” is broader than “medical”.  It includes counselling, physical (etc.) therapy, drugs, glasses, etc. 

Not every expense is covered.  These must be:

·         Reasonable in the circumstances, including pre-separation spending patterns;

·         More than would be reasonable for the primary parent to pay in full; and

·         In the child’s best interest.

If the above criteria apply, then the parents will share the expense in proportion to their incomes.  Only the net expense is applied.  Any subsidies, income tax deductions, etc. must be taken off the top.  The Universal Child Care Benefit is not deducted from these.

Parents cannot just sign the child up for every activity under the sun and send the bill to the other parent.  The pre-separation pattern must be considered.  At the same time, if the income-earning parent was too cheap to pay for activities before separation, that won’t prevent the court from ordering activities post-separation. 

Also, a parent can’t interfere with the other parent’s time with the child by filling the schedule with activities.  At the same time, an activity in the child’s best interest will trump parent-child time.  Good parents go to their child’s hockey practices. 

This area is sometimes hard to figure out.  The Clear rule is: Children are entitled to be supported in their health, education, and extracurricular activities.