Section 7 Expenses for Child Support Guidelines (childcare)
Introduction
In the world of child support, Section 7 expenses hold a significant position. These are also known as 'special or extraordinary expenses' and they can be added to basic child support if they fulfill the criteria of necessity and reasonableness. These costs are usually associated with childcare expenses that occur due to the custodial parent's employment, illness or disability, or training for employment. In this article, we will delve into the intricacies of Section 7 expenses and understand their importance.
Threshold of Necessary and Reasonable
The initial step in including a cost under Section 7 expenses is to ascertain its necessity and reasonableness. The cost should be essential for the child’s best interests and reasonable in terms of the financial means of the party claiming the expense and the party being asked to contribute to it. It's important to mention that not every childcare expense can be classified under this section. For instance, expenses incurred for babysitting for social purposes or any reason other than those specified do not meet the requirements of Section 7 expenses.
Actual Costs and Their Importance
The childcare expense has to be an actual or imminent cost. It is noteworthy to mention that costs that are anticipated in the future but have not yet started should not be included in a child support order unless they are certain. Childcare costs incurred while looking for a job or while transitioning between jobs are sometimes allowed as Section 7 expenses, provided they are directly related to “employment” or “training for employment”.
Age of Child and Choice of Childcare
The age of the child does not have an absolute cut-off for when childcare is no longer deemed reasonable or necessary. Court decisions on this matter have varied, and it largely depends on the unique circumstances of the child and parents. The custodial parent has the right to choose the childcare as long as it is reasonable and necessary. If the chosen childcare is provided by a relative, those costs are sometimes shared, but not always.
Evidence and Documentation
When making a claim for Section 7 expenses, providing evidence for the expense is important. This can be through receipts or other forms of documentation that validate the expense. While the court often requires such evidence, there have been instances where the court has estimated the expense in cases where it was agreed that the childcare was taking place but there were no receipts. Therefore, while documentation of the expense is important, it is not always strictly necessary.
Special Cases: Summer Camps and Care by Relatives
When it comes to the type of childcare, the courts have shown flexibility. For instance, summer camp can be a valid substitute for daycare. Therefore, the cost of summer camp can be claimed as a Section 7 expense either in whole or in part depending on the facts of the case. Day camp costs are often claimed in full, while overnight camp costs should be discounted.
Childcare provided by a relative can also be considered under Section 7 expenses. These costs are sometimes shared but not always. If the care would be provided even if it was unpaid, the request for a financial contribution is often denied. However, if the caregiver would have other employment if he or she was not caring for the child, a cost-sharing via a Section 7 order or agreement is likely.
Final Thoughts
Section 7 expenses for child support play a critical role in ensuring the child's best interests are met. These guidelines offer a structure, but each case is unique and the specific circumstances of the child and parents are taken into account. Understanding these guidelines and how they are applied can help both the custodial parent and the party being asked to contribute towards these costs navigate this complex aspect of child support. Knowledge of these expenses and how they can impact child support can provide clarity and help parties involved make informed decisions.
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