As I mentioned in my blog yesterday (“A Brief Note on Child Support and Undue Hardship“), there are two kinds of child support payable in Ontario – the basic amount and the extraordinary amount. While the basic amount refers to the amount set out in the Child Support Guidelines,* what constitutes “extraordinary expenses” is subject to interpretation.
For the purposes of this blog, we will refer to the federal version of the Guidelines.
According to the regulation, the term “extraordinary expenses” means “expenses that exceed those that the spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that spouse’s income and the amount that the spouse would receive under the applicable table.”
In plain language, the term refers to the extra costs of raising the children that the recipient spouse can not seasonably afford on his or her own. The granting of extraordinary expenses means that the other spouse will have to help pay part of these costs.
Examples of extraordinary expenses may include the following:
- child care expenses
- medical and dental insurance premium attributed to the child
- tuition or fees for educational programs to meet the child’s particular needs
- expenses for post-secondary education
- costs for extracurricular activities
In determining whether the extraordinary expenses are allowable, the court may also consider the following:
- the amount of expense in relation to the income of the spouse requesting such expenses
- the nature and number of the educational programs and extracurricular activities
- any special needs and talents of the children
- the overall cost of the program and activities
*Ont. Reg. 391/97 (provincial), Can. Reg. 97-175 (federal)
Note: Please keep in mind that this article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.
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I would like to have some samples of what has been passed through the courts that is “extraordindary” expense. Eg School uniforms, registration fees
Under the Guidelines, the court may award add-ons upon the request of a parent. Typically, the add-ons may include the following:
-daycare expenses
-dental or medical insurance premiums attributable to the child
-health-related expenses exceeding $100 after insurance reimbursement
-extraordinary expenses of educational programs that meets the child’s best interests
-post-secondary education
-extraordinary expenses of extracurricular programs
In deciding the appropriate amount payable, the court must consider the necessity and the reasonableness of the expenses incurred, the best interests of the child, and the means of the parents, and the spending pattern during cohabitation or marriage.
Since the Guidelines has come into force, there had been disputes on what constitutes as “extraordinary expenses.” Do swimming lessons count? What about training for the Olympics for competitive swimming?
To clear things up, the regulation was amended to include the definition of “extraordinary expenses.” To be qualified as an extraordinary expense under the Guidelines, it will be expenses exceeding that of the parent requesting the add-on can reasonably cover.
In the alternative, the court may consider the expenses extraordinary after taking the following factors into consideration:
-the amount in relation to the income of the parent requesting the add on,
-the nature and the number of the educational or extracurricular activities,
-the special needs or talent of the child,
-the over all cost of the program, and
-any other factor that the court considers relevant.
The expenses are shared by the parents in proportion to their income, rather than split in the middle 50%-50%.
*O. Reg. 391/97, s. 7
This Blog is provided for your reference only and is not a substitute for the law. The law may have changed since the publication of this article. This article is not legal advice and should not be regarded as such.