Section 7 Expenses in Alberta: What Counts, How They Are Shared, and How to Enforce Payment

A Detailed Guide to Extraordinary Child Support Under the Federal Child Support Guidelines

Most parents understand basic child support. It is the monthly “table amount” paid under the Federal Child Support Guidelines based on the payor’s income.

What causes confusion — and often conflict — is Section 7.

Section 7 expenses are additional child support expenses beyond the monthly table amount. They commonly include daycare, orthodontics, tutoring, and competitive sports.

Disputes over Section 7 expenses are among the most litigated child support issues in Alberta.

If you are searching:

  • “section 7 expenses Alberta”
  • “extraordinary expenses child support”
  • “daycare section 7 Alberta”
  • “hockey expenses section 7”

this guide explains the law precisely — and how courts actually apply it.

The Legal Test Under Section 7

Section 7(1) of the Federal Child Support Guidelines states:

In addition to the amount determined under the applicable table, the court may, on either spouse’s request, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the spouses and those of the child and to the family’s spending pattern prior to the separation.

This is a single unified test.

The court considers:

  1. The necessity of the expense in relation to the child’s best interests, and

  2. The reasonableness of the expense in relation to:

    • The parents’ means
    • The child’s means
    • The family’s spending pattern prior to separation

The phrase “family’s spending pattern prior to separation” is critical. If a child was historically enrolled in competitive hockey or private school, that matters. If the family never spent at that level, that matters too.

The term “extraordinary” applies specifically to certain categories — not all Section 7 expenses.

What Qualifies as Section 7 in Alberta?

The Guidelines list specific categories.

1. Childcare Expenses (s. 7(1)(a))

Childcare incurred because a parent is:

  • Working
  • Attending school
  • Looking for work
  • Managing illness or disability

typically qualifies.

Daycare disputes often focus on whether the childcare is truly necessary — for example, where one parent is unemployed by choice.

2. Medical and Dental Insurance Premiums (s. 7(1)(b))

The child’s portion of medical and dental insurance premiums is automatically a Section 7 expense.

This is separate from treatment costs.

3. Uncovered Health-Related Expenses (s. 7(1)(c))

Health-related expenses qualify only to the extent they exceed insurance reimbursement by at least $100 annually per child.

This includes:

  • Orthodontics
  • Counselling or therapy
  • Physiotherapy
  • Glasses
  • Prescription medication

This $100 threshold prevents minor claims (for example, $87 in cold medication) from becoming Section 7 disputes.

Orthodontic treatment is one of the most common Section 7 disputes in Alberta.

4. Primary and Secondary Education (s. 7(1)(d))

Private school tuition and related educational expenses may qualify — but only if they are “extraordinary.”

Section 7(1.1) defines “extraordinary” in relation to:

  • The expense being unusually high relative to income; or
  • The child having special needs or talents that justify the expense.

Private school is not automatically a Section 7 expense.

5. Postsecondary Education (s. 7(1)(e))

Post-secondary education is treated separately and does not require the “extraordinary” test.

This includes:

  • Tuition
  • Books
  • Residence
  • Related education costs

Courts often consider the child’s own contribution (student loans, employment income, scholarships) before allocating the remaining cost between parents.

For parents of teenagers, this is an important distinction.

6. Extracurricular Activities (s. 7(1)(f))

Extracurricular activities qualify only if they are “extraordinary” under the s. 7(1.1) definition.

Examples frequently litigated:

  • Elite hockey (AAA)
  • Competitive dance
  • Travel sports
  • High-performance gymnastics

House league hockey or modest summer camp is almost never Section 7 unless unusually expensive relative to income.

Courts assess:

  • Cost
  • Income levels
  • Historical participation
  • Child’s demonstrated talent or commitment

“Hockey expenses section 7” cases often turn on proportionality.

How Section 7 Expenses Are Shared: The Net Expense Formula

Under Sections 7(2) and 7(3), courts must calculate the net expense before dividing it.

This means:

  • Start with the full cost.

  • Subtract:

    • Government subsidies (e.g., Child Care Subsidy)
    • Insurance reimbursements
    • Tax benefits or credits (excluding the former Universal Child Care Benefit)
    • The child’s own contribution (especially post-secondary)

  • Divide the remaining net amount proportionally to the parents’ incomes.

Example (Daycare)

Daycare invoice: $1,200
Minus $400 Child Care Subsidy
= $800 net expense

Parent A earns $80,000
Parent B earns $40,000
Combined income = $120,000

Parent A earns 67% → Pays $536
Parent B earns 33% → Pays $264

This is the correct method under the Guidelines.

Enforcement in Alberta: How MEP Handles Section 7

In Alberta, the Maintenance Enforcement Program (MEP) enforces Section 7 expenses — but only if the order is structured properly.

Since 2016 (and still the rule in 2026), MEP distinguishes between:

1. Specific or Named Category Expenses (Automatically Enforced)

Examples of enforceable wording:

  • “50% of daycare expenses”
  • “50% of orthodontic treatment”
  • “50% of hockey registration, equipment and travel”

These are typically enforceable without further court intervention.

2. Vague “50% of Section 7 Expenses” Orders

If an order simply states:

“The parties shall share Section 7 expenses proportionally”

MEP often requires:

  • An expense statement
  • Documentation
  • Or a new court application

This creates enforcement headaches.

Best practice: Consent orders and agreements should clearly list specific categories.

Poor drafting can cost thousands in enforcement delays.

Retroactive Section 7 Claims

Retroactive claims are assessed using the Supreme Court of Canada framework in D.B.S. v. S.R.G. (2006).

Courts consider:

  • Was notice given?
  • Was there blameworthy conduct?
  • Was there delay?
  • Would retroactive payment cause hardship?

Parents who incur expenses without notice weaken their retroactive claims.

Tax Considerations

Section 7 expenses can have tax consequences.

For example:

  • The parent paying childcare may be able to claim the childcare deduction.
  • Medical expense tax credits may be claimable by the paying parent.
  • Post-secondary credits may affect net calculations.

Proper structuring can avoid double counting or inequity.

Practical Alberta Examples

Necessary daycare while parent works full-time
Almost always Section 7.

Braces recommended by orthodontist
Likely qualifies if exceeding the $100 threshold after insurance.

Elite AAA hockey with travel
May qualify depending on income and prior spending pattern.

House league sports or modest summer camp
Usually not Section 7 unless unusually expensive relative to income.

Private school after separation where child previously attended public school
Often contested.

Each case turns on facts.

Speak With an Alberta Family Lawyer About Section 7

Section 7 disputes are rarely about the invoice.
They are about fairness, documentation, and proper drafting.

If you are dealing with daycare disputes, orthodontics, tutoring, elite sports, or enforcement through MEP, early advice can prevent unnecessary litigation.

Morrison LLP’s experienced lawyers and mediators can assist parents throughout Edmonton and Northern Alberta with:

  • Section 7 qualification disputes
  • Drafting enforceable agreements
  • Retroactive claims
  • MEP enforcement
  • Income determination issues

Call 587-758-1099 to schedule a consultation. The first 30 minutes are free.

Contact Morrison LLP Today