Understanding Section 7 Expenses for Child Support in Alberta

When parents separate, child support is designed to make sure a child’s needs continue to be met. Beyond basic child support, there are certain additional expenses that may arise these are called Section 7 expenses, sometimes referred to as “special or extraordinary expenses.”

These costs can include things like childcare, healthcare, education, and extracurricular activities that go above and beyond day-to-day expenses. The goal is to make sure a child’s lifestyle remains as close as possible to what they would have enjoyed before separation.

What Counts as a Section 7 Expense?

Section 7 of the Federal Child Support Guidelines outlines what may qualify as a special or extraordinary expense. The court looks at two main questions:

• Is the expense necessary for the child’s best interests?
• Is it reasonable given the parents’ financial circumstances?

Parents are generally expected to share these costs proportionally to their incomes. For example, if one parent earns $40,000 and the other earns $60,000, they would contribute 40% and 60% respectively.

The Guidelines provide a list of common Section 7 expenses, including:

• Childcare costs related to employment, education, illness, or disability.
• Medical and dental premiums for the child.
• Health-related expenses over $100 per year not covered by insurance, such as orthodontics, therapy, or prescription glasses.
• Extraordinary educational expenses, such as tutoring or special programs.
• Post-secondary education costs.
• Extraordinary extracurricular activities, like competitive sports or arts programs.

Case Spotlight: Desprez v. Bertrand (2025 ABKB 341)

A recent Alberta decision shows how courts apply these principles in real life.

In Desprez v. Bertrand, the mother asked the court to order the father to share the cost of private school tuition for their 6-year-old child as a Section 7 expense. The father objected, saying the rising tuition fees were no longer affordable alongside his other support obligations.

Both parents had similar incomes (about $145,000 each), but the father argued that his income relied heavily on overtime that might not continue.

Justice McLeod dismissed the application, finding that private school tuition was not a necessary or reasonable Section 7 expense in this case. Key reasons included:

• The child had no special needs requiring a private school;
• The school, while reputable, did not offer anything that could not be provided through public schooling, and
• There was no evidence that switching schools would harm or disrupt the child.

The court emphasized that “necessity” under Section 7 is not limited to bare essentials but includes what is suitable for a child’s station in life. However, it must still be balanced with financial realities and the principle of reasonableness.

Key Takeaways for Parents

• Section 7 expenses are not automatic. Each case turns on whether the cost is both reasonable and necessary.
• Parents must provide full financial disclosure so expenses can be fairly shared.
• Agreements between parents (such as deciding on private school) may not always bind the court if circumstances change.
• Courts will look carefully at whether there are lower-cost alternatives that still meet the child’s needs.

Practical Checklist: Questions to Ask Before Claiming a Section 7 Expense

• Is this expense truly necessary for my child’s best interests?
• Is it reasonable given both parents’ incomes and financial obligations?
• Could the same benefit be achieved through a lower-cost option?
• Does this expense fall within one of the categories listed in the Guidelines?
• Am I prepared to provide full financial disclosure and receipts?
• Have I discussed the expense with the other parent before applying to court?
• Would this expense have been typical for our family before separation?

Final Thoughts

Section 7 expenses can be a highly contested area of child support. While the law aims to protect a child’s best interests, it also recognizes that parents have financial limits. Before agreeing to or applying for a Section 7 expense, it is wise to consider necessity, reasonableness, and proportionality.

If you have questions about Section 7 expenses or child support obligations, our team at Hayher Lee LLP is here to help.