As summer ends and back-to-school season ramps up, many separated or divorced parents in British Columbia face a common question: who pays for the rising costs of school supplies, extracurricular fees, and field trips? In family law, these types of educational expenses may fall under section 7 of the Federal Child Support Guidelines, but not always. Determining whether such costs qualify as “special or extraordinary” expenses can be complex and often depends on the child’s needs, the family’s financial circumstances, and prior agreements or court orders.
Understanding Section 7 of the Federal Child Support Guidelines
In British Columbia, child support obligations are generally governed by the Federal Child Support Guidelines under the Divorce Act or the Child Support Guidelines under the Family Law Act. Basic child support covers the child’s day-to-day needs, such as food, clothing, and shelter. This amount is typically calculated based on the paying parent’s income and the number of children.
In contrast, section 7 addresses “special or extraordinary expenses,” which cover additional child-related costs beyond ordinary living expenses. These can include:
- Child care expenses incurred as a result of employment or education
- Medical and dental insurance premiums
- Health-related expenses exceeding insurance coverage
- Extraordinary extracurricular activities
- Post-secondary education costs
- Extraordinary primary or secondary education expenses
The word “extraordinary” is key; expenses must be more than expected, especially given the family’s financial situation. Whether something qualifies as a section 7 expense must be assessed on a case-by-case basis.
Are School Supplies Covered Under Section 7?
School supplies, including notebooks, pens, backpacks, and calculators, are generally not considered section 7 expenses. These costs are usually considered a regular part of raising a child and are included in the basic child support amount.
In most cases, parents should expect that the recipient parent will pay for school supplies using the regular monthly support payments. These expenses are foreseeable and relatively modest and, therefore, do not rise to the level of “extraordinary.”
However, if a child requires specialized equipment due to a learning disability, such as a tablet for communication or other assistive technology, these costs may be deemed extraordinary and potentially claimable under section 7.
School Fees: A Grey Area of Child Support
School fees present a more complicated picture. Public schools in British Columbia do not charge tuition, but they may levy various fees for supplies, workbooks, lab equipment, or participation in music or art programs. Whether these fall under section 7 will typically depend on the cost (relative to the parents’ means) and whether the fee is for an activity beyond basic education.
For example, a nominal fee for a school agenda or locker may not qualify as a special expense. However, a $500 fee for enrollment in a specialized arts or sports program within the school may be considered extraordinary, particularly if the program is optional and carries a significant cost.
Courts have shown flexibility when analyzing school-related fees. If a fee is significant and necessary for the child’s development or academic success, it may be considered a section 7 expense. However, where costs are minimal or routine, they usually fall under basic support.
Are Field Trips a Necessary Enrichment or Optional Luxury?
Field trips are another common point of contention. Field trips might be considered a regular or special expense depending on their nature and cost.
Short, low-cost trips (e.g., a $20 museum visit or nature walk) are unlikely to qualify as section 7 expenses. These are typically viewed as standard parts of the curriculum and thus covered by base child support.
On the other hand, expensive or optional overnight trips, such as a multi-day leadership camp or international excursion, might be viewed differently. In such cases, courts will consider whether the trip is part of a broader educational program, whether both parents agreed to the child’s participation, and whether the cost is proportionate to the parents’ incomes.
Consent and Communication Are Key
A critical factor in determining whether an educational cost qualifies as a section 7 expense is whether both parents consented to it. Section 7 of the Guidelines states that the expense must be “reasonable” given the family’s means and in the child’s best interests. Courts look closely at whether the expense was incurred jointly and with mutual agreement.
If one parent unilaterally enrolls a child in an expensive activity or trip without the other’s knowledge or consent, the court may not be as likely to compel cost-sharing under section 7. Communication is essential; ideally, both parents should discuss and agree on major expenditures before making any commitments.
Proportional Sharing of Section 7 Expenses
When an expense is deemed a legitimate section 7 cost, it is shared proportionally based on each parent’s income. This means that if one parent earns 70% of the combined parental income and the other earns 30%, the higher-earning parent would cover 70% of the special expense.
This proportional division ensures fairness and reflects the underlying philosophy of child support: that both parents contribute to their child’s needs according to their financial capacity.
Parents should also be aware that receipts and documentation are essential when seeking contributions from the other parent. Proof of cost, consent, and relevance to the child’s development supports a section 7 claim.
Addressing School-Related Costs in a Parenting Agreement
One of the best ways to avoid disputes over school-related expenses is to address them directly in a separation agreement or court order. The agreement can specify:
- Which types of school expenses are considered section 7
- A process for mutual consent before incurring significant costs
- How costs will be divided and reimbursed
- Timelines for notification, submission of receipts, and repayment
Clear, detailed provisions on school expenses can prevent confusion and reduce potential conflict during the school year.
Vancouver Family Lawyers Advising Clients on Child Support Obligations and Section 7 Expenses
If you have questions about school expenses, child support, or parenting agreements, our experienced family lawyers are here to help. Meridian Law Group provides trustworthy advice and representation in child support matters. To speak with an experienced family lawyer or arrange a confidential consultation, please call (604) 687-2277 or reach out online.
