In Quebec, child support is intended to ensure that a child’s basic needs are met. Quebec Law sets out nine essential needs including, food, housing, communication, furniture, housekeeping, personal care, clothing, transportation, and leisure. The amount of child support a parent is required to pay is determined based on a few key factors such as the parents’ respective incomes, the amount of time each parent spends with the child (parenting time), and in some cases, the child’s special needs. The goal is to maintain consistency in the child’s standard of living across both parents’ homes, ensuring that the child benefits from a similar lifestyle regardless of which parent they are with.
In addition to covering the child’s basic needs, Quebec law also accounts for special expenses, which are extra costs that fall outside the basic child support calculation. These can include medical treatments (for example a psychologist or physiotherapy), private school tuition or certain extracurricular activities. Unlike standard child support, special expenses are not automatically factored in. The eligibility of a special expense is subject to two key limitations: the parents’ financial capacity and the child’s specific needs. It is essential for parents to discuss and agree on special expenses before they are incurred, as failing to do so can result in disputes or even legal action. In fact, courts have denied claims for special expenses when one parent incurred them without the other’s consent.
Let’s explore some of the common special expenses and how the courts evaluate and address them:
Private School
In Quebec, private school fees are not automatically considered special expenses, and courts do not presume that private schools offer a higher quality of education compared to public schools. Courts consider several factors before determining if these fees are necessary. For example, a child with learning difficulties, a high-level sports program, or a prior agreement between parents about private school may justify these expenses. Courts may also recognize the necessity of continuing a child’s education at a private school if the child is already enrolled. Extracurricular Activities
The costs of extracurricular activities are generally covered by the basic child support contribution. However, case law recognizes that when the cost of these activities exceeds 5% of the basic parental contribution, it will be considered as a special expense, to be borne by both parents. For example, certain sports or activities, such as horseback riding, figure skating, piano, or hockey, can lead to significantly higher expenses due to additional costs like private lessons, equipment or competition/tournament fees. When deciding whether to approve these expenses, the court will look at whether the activity is necessary for the child’s well-being and development, taking into account factors such as the activities’ significance in the child’s life. If the activity is deemed important for the child’s well-being and the parents can afford it, the court is more likely to approve the expense. Cellphone
In today’s society, a cellphone is often considered a necessity, and the courts now generally consider them as part of the basic child support. However, factors such as the child’s age and the type of phone are important considerations. While a phone may be necessary for communication and safety, purchasing a high-end model, like the latest iPhone, may be considered excessive or a luxury. Computer
When it comes to computers, it’s important to demonstrate both the child’s need and the parents’ financial ability to cover the cost. While a computer for recreational use alone may not justify it as a necessity, the situation changes if it is required for educational purposes, including post-secondary education. The court will assess whether the computer is truly necessary for the child’s development or studies and whether the parents have the financial means to support the expense. Driving Lessons
With respect to driving lessons, each case is assessed individually. The necessity for a child to drive depends on factors like the distance between the parents’ residences, the difficulty of accessing public transportation, or the need to facilitate parenting time. Ultimately, the court will evaluate whether there is a genuine need for the child to drive and whether the parents can reasonably justify the expense.
Understanding child support and special expenses in Quebec is essential for parents navigating their financial responsibilities. While child support ensures the child’s basic needs are met, special expenses require careful consideration and mutual agreement between parents. For any questions or assistance with child support and special expenses, our team is here to provide expert guidance and support.
