Section 7 of the Child Support Guidelines (CSG) allows for the contribution to certain expenses for the child, over and above the regular child support amount.
OSE will enforce special expenses as ordered, provided they are made in accordance with section 7 of the CSG and they are clearly set out per section 13(e). Similar to any child support provision, a statement that one party is to pay the other must also be included.
The CSG require certain information with regard to a special expense order (s.13 (e)):
- The particulars of any expense;
- The child to whom the expense relates; and
- The amount of the expense or the proportion to be paid in relation to the expense.
When all three of these conditions are met, OSE can enforce the special expense. Generic special expense orders, such as those with provisions for a contribution to ‘’special expenses” are too general and will not be enforced by OSE.
A Section 7 Special Expense Claim form is required to be completed and forwarded to the Office of Support Enforcement (OSE) along with copies of receipts. Receipts submitted must be within one year from being incurred.
Example: Dental receipt dated July 18, 2017. If receipt is submitted to OSE along with Section 7 Special Expense Claim form dated July 30, 2018, OSE will not process this receipt as it was submitted after the one year limit.
|REMEMBER: If the “Prorated Amount” is not indicated in the order/agreement or it cannot be calculated by OSE based on information in the order (i.e. order indicates income of payer but not of beneficiary), OSE cannot enforce the special expenses.|
Requirement for “NET” Expenses
Where the order requires a “net” special expense to be paid, unless the order contains a method of calculation, OSE will not enforce as OSE is unable to verify whether the beneficiary has provided the correct amount, in the event of a dispute by the payer.
If you have any questions as to whether or not OSE can enforce special expenses pursuant to your order/agreement, please contact your enforcement officer at 1-844-673-4499.