Mediating Childcare Expenses After Separation in Ontario

Quick Answer

The Toronto Family Mediation process will assist parents going through separation in assessing their reasons for hiring childcare, ascertaining its true cost, discussing what each pays, and developing guidelines for payment and reimbursement.

Also, mediation will allow the parents to discuss who will choose the childcare service, if prior consultations are necessary, how subsidies influence the price, and what occurs if their work schedule, income, and need for childcare changes.

The mediator does not impose what one party should pay; rather, the mediator facilitates the exchange of information between both parents.

What Childcare Expenses May Need to Be Shared After Separation?

What Types of Daycare and Childcare Costs May Parents Need to Discuss?

Common expenses may include:

• Licensed daycare
• Before-school care
• After-school care
• Babysitting required because a parent is working
• Summer childcare
• Day camps being used for childcare
• Childcare needed while a parent attends school or employment training
• Childcare related to a parent’s illness or disability, where applicable

Parents can also find themselves having to talk about transportation related to child care or before and after school care if the parents’ own time constraints make transportation an issue.

Are Daycare and Childcare Costs Section 7 Expenses in Ontario?

Certain childcare expenses may qualify as special or extraordinary expenses under Section 7 of the Federal Child Support Guidelines.

Childcare expenses can be relevant where they are incurred because of a parent’s:

• Employment
• Illness
• Disability
• Education
• Training for employment

For example, regular daycare required while a parent works may be treated differently from optional childcare that is not connected with one of these needs.

How Can Mediation Help Parents Divide Daycare and Childcare Costs?

What Questions Can Parents Discuss During Childcare Cost Mediation?

Parents may use Toronto Divorce Mediation to discuss questions such as:

1. Is the childcare necessary?
2. Why is the childcare needed?
3. Which provider should be used?
4. How much does the provider charge?
5. Is a lower-cost option practical?
6. What is the actual cost after subsidies or reimbursements?
7. How should the cost be divided?
8. How and when should payments be made?
9. How should reimbursements be handled?
10. Should advance approval be required before changing providers?

Are Daycare Costs Always Split 50/50?

Not necessarily.

Parents should not assume that daycare expenses after separation must always be divided equally.

The amount each parent contributes may depend on several factors, including:

• Each parent’s income
• Whether the expense is considered a Section 7 expense
• The actual net childcare cost
• Existing agreements or court orders
• Changes in income
• Changes in childcare requirements

In some situations, parents may discuss proportionate sharing based on their respective incomes rather than an automatic 50/50 split.

What Happens When Parents Disagree About Daycare or Childcare?

What If One Parent Chooses a Daycare Without Consulting the Other?

This can create conflict when the other parent believes they should have been involved in the decision.

During mediation, parents may discuss:

• Why the provider was selected
• Whether there were other realistic options
• The location of the daycare
• The provider’s hours
• The monthly cost
• Availability
• Transportation
• Each parent’s work schedule
• Whether advance consultation was expected

The discussion can also address future provider changes.

What If Parents Disagree About Whether Childcare Is Necessary?

One parent may believe regular childcare is required, while the other may believe another option is available.

This can happen when parents disagree about:

• Work-related childcare
• Before-and-after-school programs
• A nanny compared with daycare
• Babysitting
• Summer care
• Childcare during training or education
• Care required because of changing work schedules

What If One Parent Refuses to Pay Their Share?

A refusal to pay can sometimes result from a deeper disagreement about the expense itself.

The parents may disagree about:

• Whether the expense was approved
• Whether the childcare was necessary
• How the contribution was calculated
• Whether receipts were provided
• Whether the correct amount was reimbursed
• Whether circumstances have changed

Mediation can help clarify what was originally agreed and what information is missing.

Parents may also develop clearer rules for future expenses, such as:

• When receipts must be provided
• How quickly reimbursement should occur
• Which payment method should be used
• Whether advance consent is required for certain expenses

This can make the process easier to manage month to month.