Child Support

According to the regulations governing the determination of child support, recreational activities are considered part of a child’s basic needs and are included in the basic parental contribution, which is determined by the gross income of both parents and the number of dependent children.

It is sometimes difficult to determine the amount to be allocated for each of the child’s essential needs. Therefore, case law has established approximate figures for each of them. These amounts are merely indicative and may vary depending on the importance of leisure activities in the child’s upbringing.

Leisure-related expenses generally amount to about 5% of the basic child support award. Typically, all costs incurred for such activities are included in this percentage. However, certain expenses may exceed the set amount and be considered special expenses, which will be paid in proportion to the parents’ income. These are costs related to needs that the basic child support contribution cannot cover, i.e., costs that exceed the established standard or are simply not covered by this contribution.

For example, if the basic parental contribution is $12,520.00 per year for three children, recreational expenses should represent 5% of this contribution, or $626.00. If the costs related to hockey are $1,200.00, an amount of $574.00 ($1,200.00 – $626.00) will be considered special expenses. Thus, the parents will have to cover the amount of $574.00 in proportion to their incomes.

Extracurricular Activities
With regard to recreational expenses, only costs exceeding the standard allowance (5%) may be considered special expenses if they are related to extracurricular activities in which the child participates.

For example, expenses incurred for a music class that fosters and stimulates the child’s interest, the purchase of ski equipment, fees paid for a summer camp, or expenses related to the practice of an elite sport have been considered special expenses.

These activities must meet a specific need of the child, and the child must demonstrate that they derive a concrete benefit in terms of their development or personal growth. Continuous participation in the activity is not required, but it is relevant in assessing the criteria.

Additionally, certain situations may warrant the payment of special expenses, particularly when the child is passionate about a sport or recreational activity, if it is their sole activity, or if they live in an isolated area and participating in this activity allows them to socialize or explore other places.

Reasonableness and Necessity of the Expense
Expenses incurred for recreational activities must meet the criteria of necessity and reasonableness.

An expense is considered necessary when it relates to the specific needs of the child in question, as dictated by the child’s particular circumstances. Thus, the parent claiming the expense must demonstrate the extent to which such participation or expense is demographically or otherwise unique compared to a child from the same background.

Furthermore, the expense must be reasonable in light of the parents’ financial resources, taking into account the distribution of their income.

In the event of separation or divorce, the parent who provides for the couple’s child is entitled to receive child support from the other parent, in order to fairly distribute the parents’ income based on where the child resides.

Parental obligations arise solely from the birth of a child. Thus, parents must ensure the child’s well-being regardless of the marital ties that bind them. This means that a parent, whether married or not, may be required to pay child support.

Child support is established for the benefit of a child, whether a minor or an adult, and is paid monthly to the parent who has custody of the child.

A claim on behalf of a minor child may be filed by the holder of parental authority, the child’s guardian, or any other person who has custody of the child. A claim on behalf of an adult child may be filed by the child or by the parent who partially supports the adult child who is unable to provide for their own livelihood.

According to the regulations on the determination of child support, recreational activities are considered part of a child’s basic needs and are included in the basic parental contribution, which is determined by the gross income of both parents and the number of dependent children.

It can sometimes be difficult to determine the amount to be allocated for each of a child’s basic needs. As a result, case law has established approximate figures for each of these needs. These amounts are merely indicative and may vary depending on the importance of recreational activities in a child’s upbringing.

Expenses related to leisure activities are, in principle, around 5% of the basic parental contribution allocated to the child. Generally, all costs incurred for these activities are included in this percentage. However, certain expenses may exceed the determined amount and be considered special expenses, which will be paid in proportion to the parents’ income. These are costs related to needs that the basic child support contribution cannot cover, i.e., costs that exceed the established standard or are simply not covered by this contribution.

For example, if the basic parental contribution is $12,520.00 per year for three children, recreational expenses should represent 5% of this contribution, or $626.00. If the costs related to hockey are $1,200.00, an amount of $574.00 ($1,200.00 – $626.00) will be considered special expenses. Thus, the parents will have to cover the amount of $574.00 in proportion to their incomes.

Extracurricular Activities
With regard to recreational expenses, only costs exceeding the standard allowance (5%) may be considered special expenses if they are related to extracurricular activities in which the child participates.

For example, expenses incurred for a music class that fosters and stimulates the child’s interest, the purchase of ski equipment, fees paid for a summer camp, or expenses related to the practice of an elite sport have been considered special expenses.

These activities must meet a specific need of the child, and the child must demonstrate that they derive a concrete benefit in terms of their development or personal growth. Continuous participation in the activity is not required, but it is relevant in assessing the criteria.

Additionally, certain situations may warrant the payment of special expenses, particularly when the child is passionate about a sport or recreational activity, if it is their sole activity, or if they live in an isolated area and participating in this activity allows them to socialize or explore other places.

Reasonableness and Necessity of the Expense
Expenses incurred for recreational activities must meet the criteria of necessity and reasonableness.

An expense is considered necessary when it relates to the specific needs of the child in question, as dictated by the child’s particular circumstances. Thus, the parent claiming the expense must demonstrate the extent to which such participation or expense is demographically or otherwise unique compared to a child from the same background.

Furthermore, the expense must be reasonable in light of the parents’ financial resources, taking into account the distribution of their income.