Back to School: Banaszek Family Law explains section 7 extraordinary expenses

Although COVID-19 has created many uncertainties surrounding the “back to school” season in Alberta, one thing remains constant for many separated parents – confusion about section 7 expenses and how to divide them.

In today’s blog, Adrianna Banaszek explains which expenses are classified as section 7 expenses to ensure a smooth transition into a new school year for separated parents and their children:

What is a Section 7 Expense?

In Canada, there are two types of child support obligations: section 3 (base/table support) and section 7 child support (special and extraordinary expenses). If you would like to learn more about child support, read our blog titled: The Basics of Child Support.

The Federal Child Support Guidelines (the “Guidelines”) define “special or extraordinary expenses” as expenses that are:

• necessary because they are in the child’s best interests; and

• reasonable given the means of the parents and the child and in light of the family’s spending patterns before the separation.

This means that determining what will be included as a section 7 expense also depends on the lifestyle of the family before separation, along with the reasonableness of the expense incurred for the child given their needs. Every family and each child’s needs are unique, making the qualification of section 7 expenses circumstantial to some extent.

Special and extraordinary child-related expenses are governed by section 7 of the Guidelines, and are apportioned between separated parents based on each of their respective incomes (each party pays the expense in proportion to their guideline incomes). Section 7 expenses capture those expenses which exceed the ones the parent requesting the support can reasonably cover by section 3 child support (they are not the “every day” expenses).

Special expenses typically include post-secondary school or private school tuition, medical expenses, extracurricular expenses, child care expenses, and other child-related costs.

Considerations for sharing Section 7 Expenses

If the section 7 expenses are eligible to be processed through a health benefits plan, you must only share the outstanding out-of-pocket cost in proportion to your guideline incomes. To determine which amount of a section 7 expense is eligible for division between the parents, the court will take into account any subsidies, benefits or income tax deductions or credits relating to the expense, along with any ELIGIBILITY to claim a subsidy, benefit or income tax deduction or credit relating to the expense.

If you believe that the other parent is inappropriately claiming a section 7 expense or requesting that you pay way more than you should be, contact our office to review your matter.

Does childcare qualify as a Section 7 Expense if I am not working?

The short answer is: NO. The Guidelines outline that childcare is classified as a section 7 expense if it is required as a result of a job, an illness, a disability, or educational requirements for employment if the child spends most of the time with that parent.

Need help calculating child support? Banaszek Family Law is here for you.

Still have questions or issues managing section 7 expenses? Banaszek Family Law is here to help you! During this time, all of our initial consultations are being scheduled as a telephone or video conference call at discounted rates.

Banaszek Family Law wants to see you and your children excel this school year! ●

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Child Support in the Wake of COVID-19: Banaszek Family Law explains your legal rights and obligations

In the wake of COVID-19, the financial stability of many Canadian parents is threatened. More than 3 million Canadians have applied for jobless benefits and emergency income aid with the federal government since mid-March. In the midst of all the financial uncertainty, many parents are wondering what their legal obligations are to pay child support pursuant to a Court Order which was made in a more favorable economic climate.

Banaszek Family Law explains the paying parent’s obligations during this challenging time and the rights of the recipient parent who relies on support to ensure the children’s needs are met:

Varying child support during the COVID-19 pandemic

Among Canadians, Albertans are overwhelmingly experiencing the negative financial effects resulting from the COVID-19 outbreak. At the beginning of April 2020, Calgary’s unemployment rate was the highest in the country. Alberta’s energy sector is especially impacted as a result of COVID-19 and the oil price war, dimming the prospects of global oil demand. Oil prices have taken the biggest plunge in decades, creating further uncertainty and financial stress. This stress is spilling over into financial obligations, like child and/or spousal support payments for many Albertans.

The Federal Child Support Guidelines make it very clear that children should benefit from the income of both parents. When parents lose their jobs or their income is reduced, their ability to continue paying child support at a previously Court-ordered or agreed to amount is no longer financially feasible.

Under regular circumstances (pre-COVID-19), when a parent experiences a loss of income, they are responsible for obtaining a new judgment (a Variation Order) from the Court before the Maintenance Enforcement Program of Alberta (MEP) will change the amount they collect.

If you would like to learn more about child support and the role of the Maintenance Enforcement Program, read our blog post here: The Basics of Child Support.

A variation in child support or spousal support is permitted under the Family Law Act (Alberta - provincial legislation) and the Divorce Act (Canada - federal legislation). The Court may consider changing a child support Order if there was a change in circumstances experienced since the previous Order was made. These circumstances include a change in any of the following:

• the number of children who are dependent on the parties;

• employment that results in a long-term change in income;

• special or extraordinary Section 7 expenses incurred for the children; and

• the access costs for visits between the parties and their children.

The Court may also consider the payor’s ability to make the current payments, or other factors based on legislation the Order was made under.

Note: If the parties entered into a separation agreement, the agreement may limit how and when a variation may occur. Provide your separation agreement to your lawyer at the initial consultation so that they may review it and provide you with accurate legal advice.

MEP’s role during the pandemic

Without a Variation Order, MEP will continue to enforce the Court Order currently registered with them. MEP does not have the same jurisdiction to make changes to child support as the Court. With access to the Courts being reduced during this time, the ability to bring a claim to vary support promptly is impacted.

MEP recognizes the hardship experienced by many payor parents as a result of COVID-19 and reduced access to the Courts. The Law Society of Alberta has recently released the following statement:

The Maintenance Enforcement Program (MEP) recognises COVID-19 may impact a payors’ ability to meet their court ordered child support obligations. Similarly, it is recognised recipients are also impacted by COVID-19, and still have monthly obligations for the child(ren). Therefore payors making no payment is not an option.

To assist payors, the MEP will offer a temporary payment arrangement for less than the ordered amount or a temporary decrease in their current payment arrangement. This applies to payors contacting MEP looking for assistance during the pandemic due to loss of income as a result of COVID-19 diagnosis, self-isolation, loss of job (or reduced hours) or impact of childcare/school closure. Assistance to these payors will be temporary, and it is the responsibility of these payors to keep in touch with MEP month-to-month.

If you have experienced a change to your financial situation as a result of COVID-19, you should contacted your MEP case officer immediately to arrange for a payment plan and receive further information. Banaszek Family Law assists clients requiring legal support during this time. We can assist you with negotiating a new child support order or agreement, or setting up an interim payment plan with MEP to assist you financially until the Courts reopen or your economic situation changes.

Banaszek Family Law is here for you

If you require independent legal advice with respect to your family law and/or divorce matter, contact Banaszek Family Law to schedule a telephone consultation with Adrianna Banaszek, HERE. We are pleased to continue offering a discounted rate during May 2020 for telephone consultations.

Banaszek Family Law is here to assist you with your child support matter during this unprecedented time●

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