How To Claim Extraordinary Expenses As Part Of Child Support

A parent or a legal guardian of a child can initiate Child Support and Expense Claim before a court of competent jurisdiction in Alberta under the Divorce Act of Canada or Family Law Act of Alberta. The child himself, or any person with the permission of the Court can also initiate the claim.
After separation, the law requires the separating parties to make financial arrangement to cover the extracurricular activities, and other reasonable and genuine expenses for the children of the marriage.
It is sometimes difficult to determine if an extracurricular expense should be classified as extraordinary expense for child support purposes.
The Court usually considers various factors to determine special and extraordinary expenses such as:
- need
- reasonableness
- types of extraordinary expenses incurred by the parents before the separation
The Supreme Court of Canada in D.B.S. vs S.R.G[2006] 2 SCR 231 stated that:
“Parentage, in and of itself establishes a support obligation upon the birth of a child, parents are immediately placed in the roles of guardians and providers, for over a century, this parent-child relationship has been understood as entailing both moral and legal obligations towards the child notwithstanding the breakdown of his or her parents’ marriage and should to the extent possible, provide the children with the standard of living they should enjoy during the time the parents are living together.”
It is interesting to note from the above analysis that both parents have flowing responsibilities to support their children irrespective of the status of the marriage. These responsibilities are not limited just to moral and financial responsibilities.
Therefore, in the event of marriage separation, the general well-being of the children is to be treated on a balanced scale and with legal sanction.
Definition of “Extraordinary Expenses”
(1.1) For the purposes of paragraphs (1)(d) and (f) below, the term extraordinary expenses means:
(a) 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 or, where the Court has determined that the table amount is inappropriate, the amount that the Court has otherwise determined is appropriate; or
(b) where paragraph (a) is not applicable, expenses that the Court considers are extraordinary taking into account
(i) the amount of the expense in relation to the income of the spouse requesting the amount, including the amount that the spouse would receive under the applicable table or, where the Court has determined that the table amount is inappropriate, the amount that the Court has otherwise determined is appropriate,
(ii) the nature and number of the educational programs and extracurricular activities,
(iii) any special needs and talents of the child or children,
(iv) the overall cost of the programs and activities, and
(v) any other similar factor that the Court considers relevant.
Determining Special or Extraordinary Expenses
Under section 7 of the Federal Child Support Guidelines, the Court has a wide range of discretion to declare certain expenses as special and extraordinary expenses by considering the children’s best interest.
Extraordinary expenses can be school expenses such as paid tuition amount and other fees required for enrollment or attendance at an eligible institution. A precondition for enrollment may also be regarded as claimable school or educational expenses. For example, if a computer is a precondition for enrollment or admission, such will be considered as claimable educational expense.
Sometimes extracurricular activities do not form part of the core school syllabus, and are optional, yet still educational and informing. Such activities can include debating clubs, musicals activities, arts and sports.
Special or extraordinary expenses are determined according to Section 7 of the Federal Child Support Guidelines, which is as follows:
7 (1) In a child support order 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 the family’s spending pattern prior to the separation:
(a) child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;
(b) that portion of the medical and dental insurance premiums attributable to the child;
(c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counseling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;
(d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;
(e) expenses for post-secondary education; and
(f) extraordinary expenses for extracurricular activities.
Sharing of Expense
(2) The guiding principle in determining an expense amount (referred to in subsection (1) above) is that the spouses share the expense in proportion to their respective incomes after deducting from the expense any contribution from the child.
Subsidies, Tax Deductions, etc.
(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.
Universal Child Care Benefit
(4) In determining the amount of an expense referred to in subsection (1), the Court shall not take into account any universal child care benefit or any eligibility to claim that benefit.
Note that Alberta Child Support Guidelines apply if you start your claim under the Family Law Act of Alberta.
For legal advice and representation in family law matters, we recommend you consult an Alberta family lawyer. A family lawyer can bring or defend a special and extraordinary expense claim on your behalf, and make submissions to the Court. Contact us for more information on what a family lawyer can do for you.
Satish offers professional legal advice and experience drawn from a multicultural background. He has spent his years in practice supporting clients through their family law, business law, real estate law, immigration law and wills and estates matters. He is able to find innovative solutions for his clients thanks to his rich, diverse background, which allows him to examine clients’ legal problems from a variety of different perspectives.
Know Your Mobility Rights: Custody Parent Moving With A Child

Mobility rights is a fairly common and unpredictable area of Family Law. It is unpredictable because the court can decide either way based on just one consideration.
After separation, a parent may wish to relocate for a number of reasons including employment opportunities, new relationship or to be close to the extended family.
The courts cannot stop a parent from relocating. However, if the move would excessively limit access or custody right of the other parent, this parent can take the matter to court. The court may end up preventing the custody parent from leaving the jurisdiction with the child or children.
The Only Consideration For A Parent’s Custody Mobility Rights
The Divorce Act makes it clear that the “best interests of the child are the only consideration to be taken into account in making orders concerning children”. In such cases the important question is “what is in the best interests of the children in the given circumstances?”.
How To Know What’s In The Best Interest Of A Child
The court must consider the following factors to make a decision whether a parent should be allowed to relocate with a child:
1. The importance of the child remaining with the custodial parent
2. Keeping contact with access parent
3. The views of the child
4. The degree of disruption to the child’s life as a result of removal from current family, schools and the community
2 Exemplary Cases Of Custodial Mobility Rights In Canada
1. Case of Gordon v. Goertz, [1996]
This has become the binding authority on related cases. Here, the mother wanted to relocate to Australia to study Orthodontics. The father opposed the move stating it would limit his access to the child.
The court first had to determine the “material change in circumstances affecting the child”. Upon establishing the material change in circumstances, the next stage is determining if it is in the “best interests of the child”.
In this case, the court allowed the mother to leave Canada with the child, while the father got order for visitations in Canada and Australia.
2. Case of Mam v. Wem, [2019]
In a recent case Mam v Wem, [2019], the Court had to determine whether it was in the best interest of the 15 year old daughter to temporarily relocate to China with her mother. The two older children of the marriage were also dependent and moving to China with their mother.
The position of the mother was that she had previously taught in Korea and she was familiar with the living conditions in china. She claimed that educational needs of her children can be satisfied by earning a decent living in China. Further, she believed the children will greatly benefit from new cultural experience.
In the end, the court denied the mother’s application for a temporary relocation after determining that it was not in the best interests of the children.
Since each case has it’s own unique peculiarities and circumstances, the outcome of your mobility rights case could go either way in the event that the other parent takes the issue to court.
It is important to get competent family legal advice to ensure that the best interests of all parties are protected if you are planning to custody parent planning to move with your child or children.
Satish offers professional legal advice and experience drawn from a multicultural background. He has spent his years in practice supporting clients through their family law, business law, real estate law, immigration law and wills and estates matters. He is able to find innovative solutions for his clients thanks to his rich, diverse background, which allows him to examine clients’ legal problems from a variety of different perspectives.
Alternative Dispute Resolution: How To Make Divorce Less Costly

Alternative Dispute Resolution (ADR) In Calgary - www.sknlaw.ca
Nobody goes into a marriage planning on one day getting divorced. Unfortunately, many marriages ultimately do end with both spouses deciding to go their separate ways. While divorce is often portrayed in the media as a bitter and harsh process, there are ways to end a marriage without resorting to fighting, arguments and blame. Alternative Dispute Resolution (ADR) is one way to handle divorce to minimize stress on the divorcing spouses and ultimately make it less costly.
Alternative Dispute Resolution Techniques (ADR process) has grown considerably in popularity in recent years as a way to avoid contentious litigation while ensuring that those going through a divorce still have their rights and best interests protected.
What is Alternative Dispute Resolution?
An ADR is essentially any dispute negotiation process whose primary aim is to keep the dispute out of court. When divorcing spouses agree to an ADR process, they and their lawyers agree to keep the process out of court, and instead use mediation or arbitration process to settle their case.
Alternative Dispute Resolution Takes Team Work
What makes ADR process unique is the team aspect to it. In an ADR process, the spouses often work with a team of specialists, including child behaviour specialists, accountants, therapists, financial analysts and so on. Each spouse will have their own lawyer on hand to ensure that their best interests are still being advocated for. Each spouse and his or her attorney meets directly with the other spouse and his or her attorney to negotiate a settlement. The Parties mediate or arbitrate or negotiate the issues in dispute.
Benefits of Alternative Dispute Resolution
Benefit #1: Alternative Dispute Resolution Tends To Be Cheaper Than Litigation
There are benefits to the ADR process. One major benefit of ADR process is divorce through ADR process tends to be much cheaper than litigation. Even with a team of specialists, the cost is often still less than going to court.
Benefit #2: Alternative Dispute Resolution Addresses Important Issues
Another great benefit of ADR process is that the final divorce settlement is less likely to overlook important issues because each party is getting qualified legal, financial, and other advice.
Benefit #3: Alternative Dispute Resolution Takes Less Time
The ADR process also tends to be more time-efficient and less stressful for both parties.
Scenarios where litigation still makes more sense
Trust and respect between both parties is fundamental to ensuring the ADR process works. If one spouse either fears the other spouse or suspects that he or she will not be truthful about his or her financial situation, then the ADR process is unlikely to succeed. In such instances, the power of the court can help level the playing field.
Family Law Help
The end of a marriage is a difficult time for both spouses, but that does not mean divorce negotiations necessarily have to make the process even more hostile and stressful.
If you are going through a divorce, it is important you talk to an experienced family lawyer for assistance. We will help you navigate the divorce process so you will understand what your divorce options are and how to protect your best interests while moving forward.
Satish offers professional legal advice and experience drawn from a multicultural background. He has spent his years in practice supporting clients through their family law, business law, real estate law, immigration law and wills and estates matters. He is able to find innovative solutions for his clients thanks to his rich, diverse background, which allows him to examine clients’ legal problems from a variety of different perspectives.