Health Insurance and Child Support in Ontario: 2026 Complete Guide to Section 7 Medical Expenses

By Antonio G. Jimenez, Esq.Ontario15 min read

At a Glance

Residency requirement:
The federal Divorce Act (s. 3) requires that either spouse have been ordinarily resident in Ontario for at least one year immediately before the application is made. "Ordinarily resident" means your habitual and customary home, not just temporary presence. You may file earlier, but the one-year residency must be met at the time of application.
Filing fee:
$450–$650
Waiting period:
The Canadian Divorce Act requires one year of separation before a divorce order can be granted. There is no additional waiting period after filing — the application can be filed at any time, but the divorce judgment will not issue until the one-year mark. The separation clock starts from the date of living separate and apart.

As of June 2026. Reviewed every 3 months. Verify with your local clerk's office.

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In Ontario, health insurance costs for children are shared between parents in proportion to their respective incomes under Section 7 of the Federal Child Support Guidelines. A parent earning 70% of the combined household income pays 70% of the child's medical and dental insurance premiums, while the other parent covers 30%. This proportional sharing applies to premiums paid through employer benefits, private insurance plans, and out-of-pocket medical expenses exceeding $100 per child annually.

Key Facts: Health Insurance and Child Support in Ontario

CategoryDetails
Filing Fee$669 total ($224 application + $445 affidavit)
Online Filing Discount$432 (35% savings)
Residency Requirement1 year in Ontario
Section 7 Medical Threshold$100/year per child above insurance coverage
Cost Sharing MethodProportional to parental income
Applicable LawFederal Child Support Guidelines, SOR/97-175
Last Guidelines UpdateOctober 1, 2025

What Section 7 Health Insurance Expenses Include in Ontario

Section 7 of the Federal Child Support Guidelines requires parents to share six categories of special or extraordinary expenses, with two categories directly addressing health insurance and medical costs. The portion of medical and dental insurance premiums attributable to the child qualifies as a Section 7 expense under paragraph 7(1)(b). Health-related expenses exceeding insurance reimbursement by at least $100 annually also qualify under paragraph 7(1)(c), including orthodontic treatment, professional counselling from psychologists or social workers, physiotherapy, occupational therapy, speech therapy, prescription medications, hearing aids, glasses, and contact lenses.

The distinction between table child support and Section 7 expenses matters significantly for Ontario parents. Table amounts cover basic necessities like food, clothing, and shelter. Section 7 expenses—including health insurance child support Ontario obligations—cover additional costs that vary based on each child's specific needs. For a family with combined parental income of $150,000, Section 7 medical expenses of $3,000 annually would be split $2,000 to the higher-earning parent (at 67%) and $1,000 to the lower-earning parent (at 33%).

How Health Insurance Costs Are Calculated and Shared

Ontario courts calculate health insurance cost sharing using a straightforward proportional formula based on each parent's gross annual income. If Parent A earns $100,000 and Parent B earns $50,000, their combined income totals $150,000. Parent A's proportional share equals 66.67% ($100,000 ÷ $150,000), while Parent B's share equals 33.33% ($50,000 ÷ $150,000). A $1,500 annual dental insurance premium attributable to the children would result in Parent A paying $1,000 and Parent B paying $500.

This calculation applies to all qualifying health insurance child support Ontario expenses, including employer-sponsored health plan premiums where only the child's portion counts—not the entire family premium. For employer plans costing $400 monthly ($4,800 annually) where the child's coverage adds $150 monthly ($1,800 annually), only the $1,800 child-attributable amount enters the Section 7 calculation. Parents earning $80,000 and $40,000 respectively would split this as $1,200 (67%) and $600 (33%).

OHIP Coverage and Private Insurance Gaps

The Ontario Health Insurance Plan provides basic medical coverage for all eligible Ontario residents, including children. OHIP covers physician visits, hospital care, diagnostic tests, and most surgical procedures at no direct cost. However, OHIP does not cover dental care, prescription drugs (except under OHIP+ for those under 25 without private coverage), vision care beyond medically necessary eye exams, physiotherapy outside hospitals, mental health counselling from private practitioners, orthodontics, hearing aids, or most paramedical services.

These OHIP gaps create the need for private insurance and Section 7 expense sharing between divorced parents. A child requiring $4,000 in orthodontic treatment, $500 annually in prescription medications, and $1,200 in counselling fees faces $5,700 in costs not covered by OHIP. After a dental insurance plan reimburses $2,500 for orthodontics and $400 for medications, the remaining $2,800 in out-of-pocket expenses qualifies as Section 7 special expenses. Both parents must share these costs proportionally—a parent earning 60% of combined income pays $1,680, while the other parent pays $1,120.

Employer Health Benefits in Ontario Separation Agreements

Separation agreements should explicitly address which parent maintains health and dental insurance coverage for children and how unreimbursed expenses are shared. Most employer group benefit plans in Ontario allow divorced or separated parents to maintain coverage for dependent children until age 21, or age 25 for full-time students. The parent with better coverage typically designates their plan as primary insurance, while the other parent's plan becomes secondary and covers remaining eligible expenses.

When both parents have employer health benefits, coordination of benefits rules apply. The primary plan pays first, then the secondary plan covers remaining eligible expenses up to its limits. For a $2,000 dental procedure, if the primary plan covers 80% ($1,600) and the secondary plan covers 80% of the remaining $400 ($320), the parents' combined out-of-pocket cost drops to just $80. This $80 remainder becomes a Section 7 expense shared proportionally by income. Parents should include specific provisions in their parenting order or separation agreement requiring notification of any changes to benefit coverage within 30 days.

Three Criteria for Section 7 Medical Expenses

Ontario courts apply three mandatory criteria before ordering Section 7 expense sharing for health-related costs. First, the expense must be necessary and in the child's best interests—a determination based on professional medical recommendations rather than parental preferences. Second, the expense must be reasonable given both parents' financial means—$30,000 in orthodontics may not be reasonable when combined parental income totals $80,000. Third, the expense must be consistent with the family's spending patterns before separation—parents who never prioritized private counselling during marriage may face resistance claiming it as a necessary post-separation expense.

Documentation requirements for Section 7 claims include detailed receipts showing the expense amount, professional statements explaining medical necessity, and evidence of reasonableness compared to parental incomes. A parent seeking reimbursement for $150 monthly counselling sessions ($1,800 annually) should provide the therapist's treatment recommendation, session receipts, and income documentation showing the expense represents less than 5% of the lower-earning parent's income. Courts routinely deny Section 7 claims lacking this documentation.

2026 Child Support Table Updates Affecting Health Insurance

The Federal Child Support Guidelines tables received comprehensive updates effective October 1, 2025—the first major revision since 2017. Parents earning at or below $16,000 gross annually now have a base table amount of $0, reflecting the updated federal basic personal tax amount. This change affects health insurance child support Ontario calculations because Section 7 expenses are shared on top of table amounts. A parent with zero table obligation still shares Section 7 medical expenses proportionally if their income exceeds the $16,000 threshold.

The 2026 guidelines also adjusted income brackets and corresponding support amounts throughout the tables. Parents with existing child support orders may find their current arrangements no longer align with legal standards. A parent previously ordered to pay $1,200 monthly in table support might now owe $1,350 under updated tables, while their 60% share of Section 7 medical expenses remains unchanged. Ontario's Family Responsibility Office can recalculate support based on updated tables when either parent requests a variation.

Medical Decision-Making Responsibility in Ontario

Under the Divorce Act, R.S.C. 1985, c. 3, decision-making responsibility for children covers healthcare decisions including medical treatment choices, therapy selections, and insurance coverage decisions. Parents may share decision-making responsibility equally, or one parent may have sole responsibility for healthcare decisions while the other has responsibility for education or religious upbringing. The parent with healthcare decision-making authority typically selects physicians, approves treatment plans, and chooses between insurance coverage options.

Health insurance decisions often require both parents' cooperation regardless of decision-making arrangements. Selecting between two employer plans, coordinating benefits when both parents have coverage, or choosing private insurance when employer benefits end affects both parents financially. Separation agreements should specify a process for resolving insurance disputes—often requiring mediation before court involvement. A dispute over whether to add $200 monthly private dental insurance should not require $5,000 in legal fees to resolve.

Private Insurance Options When Employer Benefits End

Job loss, retirement, or employment changes can terminate employer health benefits covering children. Ontario parents losing employer coverage have several options for maintaining children's health insurance. Ontario Blue Cross offers family health and dental plans starting around $150-300 monthly depending on coverage levels and deductibles. Single-parent rates are available for the parent maintaining coverage, reducing premiums compared to two-parent family rates.

The cost of replacing employer benefits with private insurance becomes a Section 7 expense shared proportionally between parents. If the former primary plan holder loses employment and the other parent lacks employer benefits, a new private plan costing $250 monthly ($3,000 annually) would be split based on income proportions. The parent earning $70,000 of combined $100,000 income pays $2,100 annually, while the parent earning $30,000 pays $900 annually. OHIP+ provides some relief by covering prescription drugs for children under 25 who lack private coverage, reducing the urgency of securing expensive private plans.

Filing Fees and Court Costs for Support Variations

Ontario Superior Court of Justice charges $669 in total filing fees for divorce applications, paid in two installments: $224 when filing the initial application and $445 when filing the Affidavit for Divorce. Online filing through the Ontario Court Services portal reduces the total fee to $432—a 35% savings. Motions to vary child support, including Section 7 expense allocations, cost $280 per motion. Fee waivers are available for parents receiving Ontario Works, ODSP, or meeting low-income thresholds.

As of January 2026, Ontario court fees adjust every three years based on Consumer Price Index changes. The federal Central Registry of Divorce Proceedings fee of $10 applies to any application containing a divorce claim. Additional costs include process server fees ($85-$170 depending on location and difficulty), Divorce Certificate copies ($24 each), and document copying charges. Parents seeking to add health insurance obligations to existing support orders should budget $500-$1,000 for filing fees plus legal costs if represented.

How to Document and Claim Section 7 Medical Expenses

Proper documentation of health insurance child support Ontario expenses requires systematic record-keeping throughout the year. Parents should maintain a shared spreadsheet or app tracking every medical expense, insurer reimbursement, and out-of-pocket cost attributable to children. Each entry needs the date, service description, provider name, total cost, insurance payment, and remaining balance. At year-end, totaling the out-of-pocket column reveals the Section 7 amount to be shared.

The claiming process typically occurs monthly or quarterly depending on separation agreement terms. The parent paying expenses submits an itemized statement with receipt copies to the other parent. The owing parent has 14-30 days (per agreement terms) to reimburse their proportional share. Disputes over whether an expense qualifies as Section 7 should reference the three-part test: necessity, reasonableness, and consistency with pre-separation patterns. A parent claiming $500 monthly in vitamins and supplements faces an uphill battle proving medical necessity without a physician's prescription.

Enforcing Health Insurance Obligations Through the FRO

Ontario's Family Responsibility Office enforces support orders including Section 7 expense obligations incorporated into court orders. The FRO can garnish wages, intercept tax refunds, suspend driver's licenses, and report arrears to credit bureaus. However, FRO enforcement works best for fixed monthly amounts rather than variable Section 7 expenses that change based on actual costs incurred. Parents should consider including a monthly estimate for Section 7 expenses in their support order, with annual reconciliation based on actual expenses.

Support Deduction Orders direct employers to withhold child support directly from the paying parent's wages and remit to the FRO. While SDOs streamline table support collection, they don't automatically capture variable Section 7 reimbursements. Parents owed Section 7 amounts can file a Motion to Change requesting the court order specific health insurance premium contributions as fixed monthly amounts enforceable through the FRO. Converting variable obligations to fixed monthly estimates ($200/month for medical expenses rather than 60% of actual costs) improves enforceability.

Tax Implications of Child Support Health Insurance Payments

Child support payments, including Section 7 health insurance contributions, are neither deductible by the paying parent nor taxable income for the receiving parent under Canadian tax law. This differs from spousal support, which is typically deductible by the payor and taxable to the recipient. Parents cannot claim Section 7 medical expenses they pay for children as medical expense tax credits—only the parent who actually incurred and paid the expense can claim applicable credits.

The parent claiming the child as a dependent on tax returns typically claims related medical expense credits. Separation agreements should specify which parent claims the child each year, potentially alternating annually if both parents contribute substantially to medical costs. A parent paying 70% of $5,000 annual medical expenses ($3,500) may claim the medical expense tax credit worth approximately $500-$700 in tax savings depending on their marginal rate and the $2,635 medical expense threshold for 2026.

Frequently Asked Questions

What qualifies as a Section 7 health expense in Ontario?

Section 7 health expenses include medical and dental insurance premiums attributable to the child, plus unreimbursed medical costs exceeding $100 annually per child. Qualifying expenses include orthodontics, prescription medications, counselling from licensed professionals, physiotherapy, occupational therapy, speech therapy, hearing aids, glasses, and contact lenses. Both parents share these costs proportionally based on their respective gross annual incomes under the Federal Child Support Guidelines.

How do Ontario courts calculate health insurance cost sharing?

Ontario courts use a proportional income formula. Each parent's gross annual income is divided by the combined parental income to determine their percentage share. If Parent A earns $90,000 and Parent B earns $60,000 (combined $150,000), Parent A pays 60% of health insurance costs and Parent B pays 40%. A $2,000 annual dental premium attributable to children results in Parent A paying $1,200 and Parent B paying $800.

Can I require my ex to maintain employer health insurance for our children?

Yes. Ontario courts routinely order parents to maintain available employer health benefits covering children. A separation agreement or court order can require the parent with employer coverage to keep children enrolled until age 21 (or 25 for full-time students). If both parents have employer coverage, the agreement should designate primary and secondary insurers. Failure to maintain required coverage can result in the defaulting parent bearing 100% of unreimbursed medical expenses.

What happens to children's health insurance if my ex loses their job?

When employer benefits terminate, children may qualify for OHIP+ prescription drug coverage if under 25 and lacking private insurance. Parents must arrange replacement coverage, with costs becoming Section 7 expenses shared proportionally. Private health insurance through providers like Ontario Blue Cross costs $150-$300 monthly for family coverage. The job-losing parent should notify the other parent within 30 days per most separation agreements, allowing time to arrange alternative coverage without lapses.

Do I have to pay Section 7 expenses if I earn below $16,000?

Parents earning at or below $16,000 gross annually have zero table child support obligations under 2026 guidelines. However, Section 7 expense sharing still applies based on income proportions. A parent earning $15,000 (16.7% of combined $90,000 income) shares 16.7% of qualifying medical expenses. Their share of a $3,000 annual medical bill equals $500—payable even with no table support obligation. Only parents with literally zero income avoid all Section 7 contributions.

How do I enforce unpaid Section 7 medical expense reimbursements?

File a Motion to Change with Ontario Superior Court requesting the court incorporate specific enforcement mechanisms. Options include converting variable Section 7 estimates to fixed monthly amounts enforceable through the Family Responsibility Office, adding arrears to the existing support order for wage garnishment, or requesting contempt findings for willful non-payment. Document all unreimbursed expenses with receipts, submission dates, and non-payment history. Court filing fees run $280 per motion.

Can my child stay on my health insurance after divorce in Ontario?

Most Ontario employer group benefit plans cover dependent children until age 21, or age 25 for full-time students. Divorce does not automatically terminate children's coverage—only the spouse loses eligibility after divorce is finalized. However, you must notify your benefits administrator of changed family status. Some plans require re-enrollment during open enrollment periods post-divorce. Review your specific plan documents or contact your HR department to confirm continued coverage eligibility.

What if we disagree about whether a medical expense is necessary?

Disputes over Section 7 expense necessity should follow the dispute resolution process in your separation agreement—typically requiring mediation before court involvement. Courts apply the three-part test: Is the expense necessary (supported by professional recommendation)? Is it reasonable given both incomes? Is it consistent with pre-separation family spending patterns? A parent objecting to $200 monthly chiropractor visits for a teenager should request documentation of medical necessity from the treating provider before escalating to mediation or court.

How are orthodontic costs handled in Ontario child support?

Orthodontic treatment typically costs $5,000-$8,000 in Ontario and qualifies as a Section 7 special expense. After dental insurance reimbursement (often 50% to a $2,000-$3,000 lifetime maximum), remaining costs are shared proportionally by income. A $6,000 treatment with $2,000 insurance coverage leaves $4,000 in Section 7 expenses. Parents earning $80,000 and $40,000 respectively split this as $2,667 (66.7%) and $1,333 (33.3%). Payment plans may spread the obligation over 12-24 months.

Do I have to get my ex's approval before incurring Section 7 medical expenses?

Routine medical expenses under $100 per occurrence typically don't require prior approval. However, extraordinary expenses—orthodontics, elective procedures, ongoing therapy—should be discussed and agreed upon before incurring costs. The parent with healthcare decision-making responsibility has authority over treatment decisions, but cost-sharing requires the other parent's cooperation. Unilaterally incurring $5,000 in expenses without notice may result in a court denying Section 7 reimbursement for amounts exceeding what was necessary and reasonable.

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Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Ontario divorce law

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