Does a court order or an agreement regarding contribution to section 7 expenses in a child support case require a party to contribute to the expenses?
Ontario, Canada
The following excerpt is from A.E v. A.E., 2021 ONSC 8189 (CanLII):
In exercising its discretion respecting section 7 expenses, the court should also consider whether a court order or an agreement sets out other preconditions to seeking contribution to section 7 expenses. Where such preconditions exist, the party requesting contribution should be required to comply with them absent compelling circumstances. Allowing parties to dodge such obligations without valid reason would create undesirable uncertainty in child support litigation by sending a message that carefully crafted agreements or orders regarding section 7 expenses will not matter in subsequent proceedings (Durso v. Mascherin, 2013 ONSC 6522 (S.C.J.), at para. 34; Mistry).
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