What are “Special” or “Extraordinary” Expenses?
- marketing88393
- Jan 10
- 3 min read
Raising children is expensive — and when separated parents share those costs, disagreements can arise over what qualifies as a special or extraordinary expense (commonly called a section 7 expense).
But what about expenses from years prior? Can a parent come back years after the fact — even a decade later — and ask to be reimbursed for such expenses?
The Alberta Court of King’s Bench recently confronted this exact issue in Schmidt v. Schmidt, 2025 ABKB 626, a case where a mother sought more than $350,000 in retroactive section 7 expenses dating back over ten years. Justice Thompson’s decision provides a clear and practical refresher on how Alberta courts assess late claims for special expenses.
Background: A Long Delay and a Complex Medical History
The parents divorced in 2013 and resolved support by consent order. Years later, the dispute focused on their younger child, NS, who had significant allergies and medical conditions. Those issues were real — but by the time of the application, NS had:
completed a university degree,
joined extracurricular programs, and
begun living independently.
Given these developments, the Court found NS was no longer a “child of the marriage,” eliminating the basis for ongoing support.
What The Mother Claimed
The mother asked the Court to order the father to reimburse:
costs related to NS’s “medical diet,”
extracurricular expenses, and
uninsured medical and prescription costs.
Altogether, she sought roughly $350,000 covering receipts from nearly a decade.
What The Court Decided
Justice Thompson began — appropriately — with the 2013 consent order, which required the father to pay 80% of section 7 expenses, including “the cost of the medical diet.” But the order did not define what a “medical diet” entailed or what other expenses fell under the cost-sharing arrangement.
Although the mother was technically permitted to advance the claim, most of it failed for other reasons.
Key Takeaways
1. Delay Matters — A Lot.
The mother waited years before seeking reimbursement. She exchanged financial disclosure annually but never shared receipts or asked for payment until the father moved to terminate support in 2023.Courts expect timely communication, and long delays can be fatal to retroactive claims.
2. No Blameworthy Conduct by the Father.
He hadn’t hidden income, refused payment, or engaged in misconduct. The delay came from the mother, and there was no evidence the children experienced financial hardship as a result.
3. “Medical Diet” Doesn’t Mean “Every Grocery Bill.”
Section 7 only covers the additional cost created by medical needs — not ordinary food expenses. Without proof of what the extra cost was, the claim could not succeed.
4. Extracurricular Expenses Were Already Capped.
The 2013 order set a fixed monthly amount. Activities beyond that amount were not automatically cost-shared, especially since the mother did not consult the father before enrolling NS in expensive programs.
5. Insurance Obligations Still Apply.
The father had previously been ordered to maintain health coverage but allowed it to lapse. For that, he was responsible for reimbursing missed premiums.
What This Means for Parents
This case underscores a practical truth: retroactive section 7 claims are not guaranteed, particularly when receipts surface many years later.
If you’re seeking reimbursement: Delay can undermine even legitimate expenses.
If you’re facing a retroactive claim: There are strong defences, especially where communication was lacking or expenses were never shared.
The Court’s message is clear — timely communication and transparency matter.
How We Can Help
At The Calgary Legal Team, we guide parents through the complexities of child support, section 7 expenses, and post-secondary support. Whether you’re:
trying to recover unpaid contributions, or
responding to a claim,
we can help you understand your rights and navigate the best path forward.
If you have questions about what qualifies as a special expense, how far back you can claim, or how to protect yourself from unexpected arrears, we’re here to assist.
The Calgary Legal Team is here to help.
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