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Do I Have to Pay Half of My Child’s Dental Bill on Top of Child Support – Even Though my Ex Has Benefits?

Separated Parents do have to share some expenses for their children on top of base child support. Section 7 of the Child Support Guidelines sets out what expenses parents have to pay in addition to the monthly child support payments. Those expenses are called “Section 7 Expenses” or “Special and Extraordinary Expenses. Parents often find themselves paying too much or too little when it comes to their children’s expenses due to a lack of understanding of the Child Support Law. It’s essential to comprehend the concept of “Special and Extraordinary Expenses” within this legal framework. This knowledge can help you navigate child support payments more effectively.

Health care and dental expenses are ones that may be shared on top of child support. To figure out how much extra is owed, it is important to look at the wording of the Child Support Guidelines. Section 7(1)(c) says that the expenses that may be reimbursed are:

(c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy, prescription drugs, hearing aids, glasses and contact lenses;

So, parents only share the portion that exceeds insurance reimbursement. Further, section 7(3) says:

(3) Subject to subsection (4), in determining the amount of an expense referred to in subsection (1), the court must take into account any subsidies, benefits or income tax deductions or credits relating to the expense, and any eligibility to claim a subsidy, benefit or income tax deduction or credit relating to the expense. 

In order to figure this out, you are entitled to see whether the other parent has submitted the expenses to his or her (or a new spouse or partner’s) insurance, and what reimbursement he or she has received. 

In addition, if your ex can claim the uninsured portion of the dental expenses as medical expenses on his or her taxes, you only have to share the net cost after taking into account the tax credits available to your ex. (If he or she chooses not to claim them, that is not your fault.) You need your ex’s tax return to figure out the amount of the deductions or credits, which is why section 24.1 of the Child Support Guidelines requires parents to exchange tax returns annually. If the expenses have been partially paid by a benefits plan, you will see that by the reduced amount claimed on the tax return. 

Also, if your ex’s new partner or new spouse is claiming the children through a benefits plan, then it may be that he or she is treating the children as his or her own. If the new partner stands in place of a parent, then the Child Support Guidelines may require that the expense be shared 3 ways. 

John Schuman Guide to the Basics of Ontario Family Law book cover

You can get a lot more information about Ontario Family Law issues, including a comprehensive explanation of parenting cases (parenting time and decision making), child support, spousal support, property division, and most other common family law issues by downloading this $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone or ordering it from Amazon as a paperback. But to understand how the law works precisely in your situation, it is always best to speak to a good Family Law Lawyer.

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