Under Federal Child Support Guidelines Section 7, Yukon parents must share health insurance premiums and medical expenses proportionally based on their respective incomes. The paying parent contributes a percentage of health-related costs equal to their share of combined parental income. For example, if one parent earns $80,000 and the other earns $40,000, the higher-earning parent pays 67% of qualifying medical expenses while the lower-earning parent pays 33%. Health-related expenses exceeding $100 annually above insurance coverage qualify as Section 7 special expenses, including orthodontics, prescription medications, counselling, physiotherapy, glasses, and hearing aids.
Key Facts: Health Insurance and Child Support in Yukon
| Category | Details |
|---|---|
| Filing Fee | $180 at Supreme Court of Yukon + $10 Central Registry fee |
| Residency Requirement | 12 months ordinary residence in Yukon |
| Governing Law | Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) and Federal Child Support Guidelines, SOR/97-175 |
| Medical Expense Threshold | $100 annually above insurance coverage |
| Expense Sharing Method | Proportional to parental income ratios |
| Public Health Coverage | YHCIP covers children's dental (K-8/12), CDOP covers low-income children's drugs and optical |
| Enforcement Agency | Yukon Maintenance Enforcement Program (MEP) |
| Court Location | Supreme Court of Yukon, 2134 Second Avenue, Whitehorse |
How Section 7 Medical Expenses Work in Yukon Child Support
Section 7 of the Federal Child Support Guidelines requires parents to share special or extraordinary expenses beyond the basic child support table amount, with health insurance premiums and medical costs representing the most common Section 7 claims in Yukon divorces. Under Federal Child Support Guidelines, SOR/97-175, s. 7(1), courts may order either parent to contribute to medical and dental insurance premiums attributable to the child, plus health-related expenses exceeding $100 annually that insurance does not cover. The guidelines were last amended on October 1, 2025, with regulations current to April 28, 2026.
Section 7 expenses in Yukon divorce cases typically include orthodontic treatment costing $5,000-$8,000, professional counselling at $150-$250 per session, prescription medications averaging $50-$200 monthly for chronic conditions, physiotherapy at $80-$120 per session, speech therapy ranging from $100-$175 per session, hearing aids costing $1,500-$6,000 per pair, and corrective eyewear averaging $200-$500 annually. Parents must demonstrate that each expense is necessary for the child's wellbeing, reasonable given parental means, and consistent with the family's pre-separation spending patterns.
The $100 annual threshold serves a practical function in Yukon family law proceedings. Health-related expenses below $100 per year above insurance coverage do not qualify as Section 7 expenses because the Federal Child Support Guidelines aim to prevent litigation over nominal amounts while ensuring significant medical needs receive proper financial support from both parents.
Calculating Health Insurance Cost Sharing Between Parents
Yukon courts calculate health insurance and medical expense sharing by determining each parent's proportional share of combined gross income, then applying that percentage to qualifying Section 7 expenses. The calculation requires both parents to disclose their annual gross income, including employment income, self-employment earnings, investment returns, and any other income sources recognized under the Federal Child Support Guidelines. A parent earning $100,000 annually with an ex-spouse earning $50,000 would pay 67% of Section 7 medical expenses while the lower-earning parent pays 33%.
The calculation must account for employer-provided health insurance benefits, tax deductions, and government subsidies that reduce the actual out-of-pocket cost to parents. Under Federal Child Support Guidelines, SOR/97-175, s. 7(3), courts must consider any subsidies, benefits, or income tax deductions or credits relating to the expense when determining each parent's contribution. However, courts do not factor in the Canada Child Benefit when calculating Section 7 expense sharing.
| Income Scenario | Parent A Income | Parent B Income | Parent A Share | Parent B Share |
|---|---|---|---|---|
| Equal Income | $60,000 | $60,000 | 50% | 50% |
| Moderate Gap | $80,000 | $40,000 | 67% | 33% |
| Significant Gap | $120,000 | $30,000 | 80% | 20% |
| Large Disparity | $150,000 | $25,000 | 86% | 14% |
For medical insurance premiums specifically, only the portion attributable to the child qualifies as a Section 7 expense. If a parent pays $400 monthly for family health insurance covering themselves and two children, the Section 7 claimable amount would be approximately $267 monthly (two-thirds of the premium) representing the children's coverage portion. Courts require documentation showing premium breakdowns when parents claim insurance costs as Section 7 expenses.
Yukon Government Health Insurance Coverage for Children
The Yukon Health Care Insurance Plan (YHCIP) provides baseline public health coverage that affects how courts determine private health insurance obligations in child support orders. Understanding YHCIP coverage gaps helps parents identify which medical expenses require private insurance protection and Section 7 cost sharing arrangements. Hospital stays, medically necessary surgeries, and diagnostic tests receive full coverage under YHCIP for all Yukon residents regardless of age.
The Children's Dental Program provides school-based dental services for children from kindergarten through grade 8 in most communities, or through grade 12 in certain rural areas. Services include diagnostic examinations, preventative care, and restorative treatments with recall exams every two years. However, YHCIP does not cover routine dental care outside this program or dental surgery performed outside approved hospital settings, creating a significant coverage gap that private insurance must address.
The Children's Drug and Optical Program (CDOP) assists low-income families with prescription medication and eye care costs for children aged 18 and under. Families must qualify based on income thresholds to access CDOP benefits. For families above these income limits, prescription drugs, eyeglasses, and contact lenses require private insurance coverage or out-of-pocket payment, making these expenses common Section 7 claims in Yukon child support cases.
| Coverage Type | YHCIP Covers | Private Insurance Typically Needed |
|---|---|---|
| Hospital Care | Yes - fully covered | No |
| Physician Services | Yes - fully covered | No |
| Children's Dental (K-8/12) | Yes - school program | Yes - for additional care |
| Adult Dental | No | Yes |
| Prescription Drugs | Low-income only via CDOP | Yes - for most families |
| Vision Care | Low-income children only | Yes - for most families |
| Orthodontics | No | Yes |
| Counselling | No | Yes |
| Physiotherapy | No | Yes |
Types of Health-Related Expenses Qualifying as Section 7 Costs
The Federal Child Support Guidelines explicitly list health-related expenses that qualify as Section 7 special expenses when they exceed $100 annually above insurance reimbursement. Orthodontic treatment represents one of the largest Section 7 claims in Yukon, with braces typically costing $5,000-$8,000 over 18-36 months of treatment. Courts consistently recognize orthodontics as a qualifying expense when an orthodontist confirms medical necessity, though purely cosmetic treatments may face judicial scrutiny.
Professional counselling provided by psychologists, registered social workers, or psychiatrists qualifies under Federal Child Support Guidelines, SOR/97-175, s. 7(1)(b). Children of divorce often benefit from therapeutic support during family transitions, with counselling costs ranging from $150-$250 per session. Most private health insurance plans cap mental health coverage at $500-$1,500 annually, creating substantial uninsured amounts that parents must share under Section 7.
Physiotherapy and occupational therapy expenses qualify when a child requires rehabilitation services following injury or for developmental conditions. Speech therapy, particularly common for young children, costs $100-$175 per session and often requires 20-40 sessions annually for meaningful progress. Hearing aids costing $1,500-$6,000 per pair qualify as Section 7 expenses, as do prescription eyeglasses and contact lenses averaging $200-$500 annually.
Prescription medications not covered by YHCIP or private insurance represent ongoing Section 7 expenses. Children with chronic conditions such as asthma, ADHD, or diabetes may require medications costing $50-$300 monthly. The cumulative annual cost easily exceeds the $100 threshold, requiring proportional sharing between parents based on their income ratio.
Obtaining a Medical Support Order in Yukon
Parents seeking a court order for health insurance child support in Yukon must file with the Supreme Court of Yukon at 2134 Second Avenue, Whitehorse. The filing fee is $180 payable to the court registry plus a $10 fee to the Central Registry of Divorce Proceedings under the federal Divorce Act. To establish jurisdiction, at least one spouse must have been ordinarily resident in Yukon for 12 continuous months immediately before filing. Payment methods include cash, debit, cheque, money order, Visa, or MasterCard.
The application should specifically request Section 7 expense sharing for medical costs, identifying current and anticipated health-related expenses for each child. Courts require documentation including health insurance policy summaries, premium statements, receipts for unreimbursed medical expenses, and evidence of ongoing treatment needs. The Family Law Information Centre (FLIC) at 301 Jarvis Street, 2nd floor, provides free assistance with forms and procedures, available Monday through Friday from 9 AM to 4 PM or by phone at 867-456-6721.
Uncontested applications where both parents agree on Section 7 expense allocation typically take 4-6 months from filing to final order. Contested matters involving disputes over which expenses qualify or how to calculate income proportions can extend beyond 12 months. Courts may order interim Section 7 expense sharing pending final determination when children have immediate medical needs.
Enforcement Through the Maintenance Enforcement Program
The Yukon Maintenance Enforcement Program (MEP) enforces court orders requiring payment of child support including Section 7 medical expenses. Registration with MEP is free and available to anyone with a court order or court-filed agreement. The program processes approximately 90% of all support payments in Yukon, providing consistent payment tracking and enforcement mechanisms when parents fail to meet their obligations.
MEP accepts payments via credit card, debit card, online banking, cheque, money order, and automatic wage deductions. When a parent fails to pay court-ordered Section 7 medical expenses, MEP can garnish wages, seize bank accounts, intercept tax refunds, report to credit bureaus, suspend driver's licenses, and deny passport applications. Contact MEP at 301 Jarvis Street, 2nd floor, by email at justmep@yukon.ca, by phone at 867-667-5437, or toll-free within Yukon at 1-877-617-5347.
For Section 7 expenses specifically, the paying parent typically reimburses the parent who paid the medical expense within 30 days of receiving documentation. Court orders should specify the reimbursement process, including deadlines for submitting receipts and making payments. MEP can enforce these payment obligations when parents register their order with the program.
Modifying Health Insurance Provisions in Existing Orders
Yukon courts may modify Section 7 expense provisions when material changes in circumstances occur, such as significant income changes, new medical needs, changes in insurance coverage, or parenting arrangement modifications. Under Divorce Act, R.S.C. 1985, c. 3, s. 17, either parent may apply to vary a child support order when circumstances have changed since the original order was made.
Common grounds for modification include a parent losing employer-provided health insurance, a child developing a new medical condition requiring ongoing treatment, substantial income increases or decreases affecting the proportional sharing calculation, or changes to government health programs affecting available coverage. Courts require evidence of the changed circumstances and proposed new arrangements before modifying existing orders.
The application to vary a child support order requires the same $180 filing fee at the Supreme Court of Yukon. Parents should document the material change thoroughly, including before-and-after income statements, medical records showing new conditions, and insurance policy changes. The court will recalculate Section 7 expense sharing based on current incomes and needs.
Private Health Insurance Considerations for Divorced Parents
When neither parent has employer-provided health insurance, courts may order one or both parents to obtain private health insurance for the children. Private health insurance premiums in Yukon average $150-$400 monthly for family coverage depending on the plan's scope and deductibles. The cost of maintaining this coverage becomes a Section 7 expense shared proportionally between parents based on their income ratio.
Parents should compare coverage options carefully, considering dental and vision coverage limits, prescription drug formularies, maximum annual benefits, and coverage for services like physiotherapy and counselling. A comprehensive family health plan might cost $350 monthly but provide $2,000 annual dental coverage, $500 vision care, and $1,000 for paramedical practitioners, reducing out-of-pocket Section 7 expenses overall.
Court orders should specify which parent maintains the health insurance policy, how premium costs are shared, the process for submitting claims and sharing reimbursements, and procedures for handling coverage changes. Clear documentation requirements prevent disputes over which expenses qualify for Section 7 sharing and ensure both parents contribute fairly to their children's health care costs.