Who Pays for Extracurricular Activities in Newfoundland and Labrador? 2026 Guide to Section 7 Expenses

In Newfoundland and Labrador, extracurricular activity costs are shared between parents in proportion to their respective incomes under Section 7 of the Federal Child Support Guidelines. If one parent earns $100,000 and the other earns $50,000, the higher-earning parent pays two-thirds (67%) of qualifying Section 7 expenses while the lower-earning parent pays one-third (33%). For an expense to qualify, it must be considered extraordinary—meaning it exceeds what the receiving parent can reasonably cover from the base child support amount, or the expense is exceptional given the family's overall circumstances.

Key Facts: Section 7 Extracurricular Expenses in Newfoundland and Labrador

What Are Section 7 Expenses for Extracurricular Activities?

Section 7 expenses are special or extraordinary costs that parents share on top of base child support table amounts. Under Section 7(1)(d) of the Federal Child Support Guidelines, extraordinary expenses for extracurricular activities qualify when they meet specific criteria. The base child support amount covers basic needs—food, shelter, clothing, and ordinary recreational activities. Section 7 exists to address exceptional costs that fall outside what the receiving parent can reasonably absorb from the table amount alone. In Newfoundland and Labrador, courts apply these federal guidelines consistently, requiring that any claimed extracurricular expense be both necessary for the child's best interests and reasonable given the parents' financial means.

Categories of Section 7 Expenses

The Federal Child Support Guidelines list specific categories that may qualify as special or extraordinary expenses:

• Childcare expenses incurred due to employment, illness, disability, or education of the parent with majority parenting time
• Health-related expenses exceeding insurance coverage by at least $100 annually (orthodontics, counselling, physiotherapy, prescription drugs, glasses)
• Extraordinary primary or secondary education expenses
• Post-secondary education costs
• Extraordinary extracurricular activity expenses

For extracurricular activities child support in Newfoundland and Labrador, the expense must meet the threshold of being extraordinary—not merely discretionary or convenient.

When Do Extracurricular Activities Qualify as Extraordinary Expenses?

An extracurricular activity qualifies as an extraordinary expense under Section 7 when it exceeds what the receiving parent can reasonably pay from their income combined with the base child support amount they receive. The Federal Child Support Guidelines Section 7(1.1) establishes two pathways for an expense to qualify as extraordinary: first, when the cost surpasses the receiving parent's reasonable capacity to pay; second, when the expense—though technically affordable—is extraordinary considering the nature and number of activities, the child's special needs or talents, and the overall cost of programs.

The Two-Part Test for Extraordinary Status

1. The expense exceeds what the parent can reasonably cover from their income plus child support received, OR

2. The expense is extraordinary when considering:

   • The receiving parent's income and child support amount
   • The nature and number of educational programs and extracurricular activities
   • The child's special needs and talents
   • The overall cost of programs and activities
   • The family's spending pattern before separation

Examples: What Typically Qualifies vs. What Does Not

A $5,000 annual hockey fee might be extraordinary for a family with combined income of $80,000 but ordinary for a family earning $300,000, particularly if the child participated in competitive hockey before separation.

How Are Extracurricular Activity Costs Divided Between Parents?

Parents share Section 7 extracurricular expenses in proportion to their respective incomes after deducting any contribution from the child and accounting for tax benefits. Under Section 7(2) of the Federal Child Support Guidelines, the court calculates each parent's proportionate share based on their annual income. If Parent A earns $120,000 and Parent B earns $60,000, their combined income is $180,000. Parent A's share is 67% ($120,000 ÷ $180,000) while Parent B's share is 33% ($60,000 ÷ $180,000). For a $6,000 competitive dance expense, Parent A pays $4,020 and Parent B pays $1,980.

The Income Proportionality Formula

Step 1: Determine each parent's annual income (using Guidelines income, which may differ from tax return income)

Step 2: Calculate total combined income

Step 3: Divide each parent's income by combined income to get percentage share

Step 4: Multiply the Section 7 expense by each parent's percentage

Net Costing: Accounting for Tax Benefits

Section 7(3) of the Federal Child Support Guidelines requires courts to consider subsidies, benefits, income tax deductions, and credits when determining the actual expense amount. If the Canada Child Benefit covers a portion of childcare, or if one parent claims a tax deduction for the expense, the court reduces the shareable amount accordingly. The goal is to share the net out-of-pocket cost, not the gross expense.

How to Request Section 7 Expense Contributions in Newfoundland and Labrador

To obtain a court order for sharing extracurricular activity expenses in Newfoundland and Labrador, you must file an application with the Supreme Court of Newfoundland and Labrador. The filing fee is $130 for the initial application, plus $60 for the judgment and $20 for the certificate—totaling approximately $210 in court fees as of March 2026. Residents of St. John's file at the Family Division located at 68 Portugal Cove Road. Residents of Corner Brook file at 82 Mt. Bernard Avenue. All other residents file with the General Division of the Supreme Court nearest to where the children reside.

The Filing Process

1. Complete the Originating Application (Form F1.02A) or Originating Application for Variation (Form F5.05A) if modifying an existing order

2. Attach required financial disclosure documents, including:

   • Statement of Income (Form F37.01A)
   • Most recent Notice of Assessment
   • Last three years of tax returns
   • Recent pay stubs

3. Pay the filing fee ($130 as of March 2026)

4. File the application at the appropriate court registry

5. Serve the other parent within 180 days

6. Attend mandatory Family Justice Services conference (applications involving parenting or child support are automatically referred to FJS)

Family Justice Services: Free Mediation

Upon filing any application involving child support or parenting arrangements, the Supreme Court automatically forwards your matter to Family Justice Services (FJS). FJS provides free mediation and dispute resolution services to all Newfoundland and Labrador residents. Many Section 7 expense disputes resolve through FJS without requiring a contested court hearing, saving both time and legal fees. FJS focuses on children's needs and helps parents develop agreements that work for their specific circumstances.

What Evidence Do Courts Consider for Extracurricular Expenses?

Newfoundland and Labrador courts examine five key factors when determining whether an extracurricular activity qualifies as an extraordinary Section 7 expense. The court reviews the child's documented history with the activity, the cost relative to family income, the child's special talents or needs, the family's pre-separation spending pattern, and whether the expense is necessary for the child's best interests. Documentation strengthens any claim—receipts, registration confirmations, program descriptions, and evidence of the child's commitment to the activity all matter.

Evidence Checklist for Section 7 Claims

• Registration receipts and payment records
• Program schedules and descriptions
• Travel expense documentation (if applicable)
• Equipment and uniform costs
• Tournament or competition fees
• Evidence of child's talent or achievement (awards, rankings, coach letters)
• History of participation before separation
• Comparison of costs to similar programs
• Your income and the base child support amount received

The Pre-Separation Pattern

Section 7(1)(d) explicitly considers the family's spending pattern prior to separation. If your child participated in competitive gymnastics costing $7,000 annually before separation, courts generally expect this pattern to continue. Conversely, introducing a new $10,000 elite program post-separation faces greater scrutiny. Courts want to maintain children's established activities rather than significantly expanding or contracting them due to parental separation.

Can One Parent Unilaterally Enroll a Child in Expensive Activities?

A parent cannot unilaterally enroll a child in costly extracurricular activities and expect automatic contribution from the other parent. Under the Divorce Act, R.S.C. 1985, c. 3, Section 16.3, decision-making responsibility regarding significant extracurricular activities typically requires consultation between parents, depending on the terms of the parenting order. Courts generally refuse to order contribution for expenses the other parent never agreed to, especially when the enrolling parent failed to provide advance notice or seek input on the decision.

Best Practices for Shared Decision-Making

1. Discuss proposed activities with the other parent before enrolling

2. Provide complete cost breakdowns, including registration, equipment, travel, and tournament fees

3. Share program schedules and time commitments

4. Document all communications regarding the activity

5. Request written agreement before incurring the expense

6. If disagreement exists, consider mediation through Family Justice Services before enrolling

When Courts May Order Contribution Without Agreement

Courts may order contribution despite lack of prior agreement when:

• The child was already enrolled in the activity before separation
• The activity addresses a documented need (therapeutic horseback riding for a child with special needs)
• The non-enrolling parent's objection is unreasonable or not in the child's best interests
• The enrolling parent made reasonable efforts to obtain consent that were ignored

Modifying Section 7 Expense Orders

Existing Section 7 expense orders can be varied when circumstances materially change. Under Section 17 of the Divorce Act, either parent may apply to increase, decrease, or terminate Section 7 contribution requirements. Common triggers include income changes exceeding 10%, children aging out of activities, children developing new talents requiring different programs, or changes in parenting time affecting which parent incurs the expense. The filing fee for a variation application is approximately $200-$400 as of March 2026.

Automatic Recalculation Option

Orders containing a recalculation clause allow annual adjustment of child support amounts without court involvement. When income changes, the Support Enforcement Division recalculates the table amount. However, Section 7 expenses typically require separate agreement or court application to modify, as they depend on specific activities that may change year to year.

Annual Review Process

Many separation agreements include provisions requiring annual disclosure of Section 7 expenses. A typical clause requires parents to exchange activity cost information by March 31 each year, with proportional contribution determined based on updated income information. If parents cannot agree, either may apply to court for determination.

What Happens When Parents Disagree About Activities?

When parents disagree about whether an extracurricular expense qualifies as extraordinary or whether the expense is in the child's best interests, either parent may apply to the Supreme Court of Newfoundland and Labrador for determination. The court examines each expense individually, applying the Section 7 criteria to determine qualification and appropriate sharing. Judges have substantial discretion in evaluating whether specific activities meet the threshold for extraordinary status.

Court Resolution Timeline

Section 7 disputes in Newfoundland and Labrador typically proceed as follows:

• Filing to FJS referral: 2-4 weeks
• FJS mediation attempts: 30-90 days
• If unresolved, case management conference: 60-90 days after FJS
• Trial preparation and scheduling: 3-6 months
• Contested hearing: 6-12 months from initial filing

FJS successfully resolves many Section 7 disputes without trial, reducing both timeline and costs.

Factors Favouring Contribution Orders

Courts are more likely to order contribution when:

• The child demonstrated talent or commitment before separation
• The activity addresses educational or developmental needs
• The cost is reasonable relative to family income
• The enrolling parent provided advance notice and sought agreement
• The expense aligns with pre-separation family spending patterns
• Expert evidence supports the activity's benefit to the child

Tax Implications of Section 7 Extracurricular Expenses

Section 7 expense payments have specific tax treatment that affects actual cost-sharing. The parent claiming the expense as a tax deduction effectively receives a subsidy, which the Federal Child Support Guidelines require courts to consider when calculating shareable amounts. Child activity tax credits and deductions reduce the net cost, and this reduction should be factored into the proportional sharing calculation. Effective communication and annual reconciliation help ensure both parents benefit appropriately from available tax relief.

Common Tax Considerations

• Children's fitness and arts tax credits (where applicable)
• Childcare expense deductions (when activity serves childcare function)
• Disability-related tax benefits (for children with special needs)
• Medical expense tax credits (for therapeutic activities)

Frequently Asked Questions About Extracurricular Activities and Child Support in Newfoundland and Labrador

Does base child support cover extracurricular activities?

Base child support table amounts cover ordinary extracurricular activities such as basic recreational programs, house-league sports, and standard community activities. The table amount assumes children participate in typical age-appropriate activities costing approximately $200-$500 annually. Extraordinary expenses exceeding this threshold require separate Section 7 contribution from both parents proportional to their incomes.

What makes an extracurricular expense extraordinary in Newfoundland and Labrador?

An extracurricular expense qualifies as extraordinary under Section 7(1.1) of the Federal Child Support Guidelines when it exceeds what the receiving parent can reasonably cover from their income plus base support, or when the expense is exceptional considering the child's special needs, the number of activities, and overall program costs. Competitive sports costing $5,000-$15,000 annually typically qualify while basic lessons under $500 rarely qualify.

Can my ex refuse to pay for activities they did not approve?

Yes, parents generally are not obligated to contribute to activities they did not approve in advance. Courts expect parents to consult on significant extracurricular decisions under Section 16.3 of the Divorce Act. However, courts may order contribution if the activity was established before separation, the objection is unreasonable, or the activity serves a documented therapeutic or developmental need the child requires.

How do I calculate my share of Section 7 expenses?

Calculate your share by dividing your annual income by the combined total of both parents' incomes, then multiply by the net expense amount. If you earn $80,000 and your co-parent earns $120,000, your combined income is $200,000. Your share is 40% ($80,000 ÷ $200,000). For a $6,000 hockey expense, you pay $2,400 and your co-parent pays $3,600. Deduct any tax benefits or subsidies before calculating.

What if my income changes significantly?

You may apply to vary the child support order when your income changes by approximately 10% or more. File Form F5.05A (Originating Application for Variation) with the Supreme Court of Newfoundland and Labrador. The filing fee is approximately $200-$400 as of March 2026. Orders with recalculation clauses allow automatic table amount adjustment, but Section 7 expenses typically require separate agreement or application.

Are summer camp costs considered Section 7 expenses?

Summer camp costs may qualify as Section 7 expenses depending on whether they serve a childcare function and their overall cost. Day camps providing childcare while the custodial parent works often qualify under Section 7(1)(a) as childcare expenses. Specialized camps (hockey camp, music intensive, academic enrichment) costing $2,000-$5,000+ may qualify as extraordinary extracurricular expenses if they exceed reasonable affordability thresholds.

Can I get reimbursed for past extracurricular expenses?

Courts may order retroactive contribution for Section 7 expenses when the paying parent knew about the expenses and failed to contribute, or when the receiving parent delayed filing due to reasonable circumstances. Claims typically extend back no more than three years. Document all expenses with receipts and provide evidence you requested contribution at the time costs were incurred.

What documentation should I keep for Section 7 claims?

Maintain registration receipts, payment confirmations, program descriptions, equipment purchase records, travel expense documentation, tournament entry fees, and any communication with your co-parent regarding the activity. Keep records for at least three years. Organized documentation significantly strengthens court applications and facilitates agreement during mediation through Family Justice Services.

How does shared parenting time affect Section 7 contributions?

When parenting time is substantially equal (40-60% with each parent), child support calculations use the offset method under Section 9 of the Federal Child Support Guidelines. Section 7 expenses remain shared proportionally based on income regardless of parenting time allocation. The parent who actually pays the expense typically seeks contribution from the other parent based on income ratios.

Where do I file a Section 7 expense application in Newfoundland and Labrador?

File at the Supreme Court of Newfoundland and Labrador Family Division if you reside in St. John's (68 Portugal Cove Road) or Corner Brook (82 Mt. Bernard Avenue). All other residents file with the General Division nearest to where the children live. Filing fees total approximately $210 as of March 2026. Your application will automatically be referred to free Family Justice Services mediation.

This guide was prepared by Antonio G. Jimenez, Esq. (Florida Bar No. 21022) covering Newfoundland and Labrador divorce law. Filing fees and procedures verified as of March 2026—confirm current fees with the Supreme Court registry before filing.

Sources: Federal Child Support Guidelines, SOR/97-175, Divorce Act, R.S.C. 1985, c. 3, Supreme Court of Newfoundland and Labrador, Justice Canada Child Support Step-by-Step Guide