What constitutes common law?

A common law relationship is simply the act of living together in a marriage-like relationship without actually being legally married. It does not require any kind of legal process to create a common law union. The definition of common law partnership also differs depending on the laws applied. For example, the Canada Pension Plan states that two people are in a common law relationship after a year of cohabitation. The Parenting and Support Act, on the other hand, requires two years of cohabitation before a relationship can be described as common law.

In February 2021, we posted the blog, “What is child support?” In this blog, we canvassed what child support is, how it is calculated, and what is included in child support. As noted in that blog, there are times when a parent may be required to contribute towards expenses above and beyond the regular “table amount” of child support. These are called “section 7” expenses and they are outlined under section 7 of the Federal Child Support Guidelines.

Under section 7 of the Federal Child Support Guidelines, there are several categories of expenses that a parent may be required to contribute towards. One of the most commonly ordered by the Court is contribution towards the cost of childcare required because of employment, illness, disability, or education of the spouse who has the majority of parenting time. However, there are other categories of expenses a parent may claim, including medical and dental insurance premiums, health related expenses, and extracurricular activities.

Extraordinary Section 7 Expenses

Some of the categories of section 7 expenses require a parent to prove that the expense meets the threshold of “extraordinary”. These expenses include extraordinary expenses for primary or secondary school (section 7(1)(d)) and extraordinary expenses for extracurricular activities (section 7(1)(f)). This can be a high threshold to meet and is very fact specific.

In all cases involving section 7 expenses, a parent will be required to establish first that the expense fits within one of the enumerated categories. Then, it must be established whether the expense is necessary in relation to the child’s best interests, and the reasonableness of the expense.

Section 7 expenses can be difficult to navigate and are not always guaranteed to be ordered by the Court. The knowledgeable family law lawyers at Lenehan Musgrave can help you navigate these claims, to assist you in determining what is and is not section 7 child support expenses, and how to best put forward your Section 7 claim. Contact us for a consultation today or submit the form below.