Who Pays for Tutoring? A Guide to Education-Related Disputes in Co-Parenting

A young boy sits with his tutor at a desk in front of a laptop. He is filling out math problems on the papers in front of him, while she shows him information from the book open in front of her, representing tutoring expenses.

Written on behalf of Shariff & Associates

As the academic expectations placed on children continue to grow, many families are turning to tutoring to provide their children with extra academic support. While the decision to hire a tutor may seem like a straightforward parenting choice, it can become a point of legal contention in the context of separated or divorced families. Questions such as who decides if a tutor is necessary, whether the cost qualifies as a “special expense” under Ontario child support law, and how to resolve disagreements between co-parents often arise.

Understanding the Legal Framework: Child Support and Section 7 Expenses

Under the Federal Child Support Guidelines, which apply in Ontario, the basic monthly child support amount is calculated using the payor parent’s income and the number of children. This amount is intended to cover the everyday expenses of raising a child, such as food, clothing, and shelter.

However, not all expenses fall neatly into this category. The Guidelines also allow for “special or extraordinary expenses,” commonly referred to as Section 7 expenses. These are additional costs that are necessary because they are in the child’s best interests and are reasonable in relation to the parents’ means and the child’s needs.

Examples of Section 7 expenses include:

  • Childcare costs incurred as a result of the custodial parent’s employment or education
  • Medical and dental insurance premiums
  • Health-related expenses not covered by insurance
  • Extraordinary extracurricular activities
  • Post-secondary education costs

Tutoring can be classified as a Section 7 expense if it meets the threshold of being both “extraordinary” and “necessary,” which requires a factual and contextual analysis.

When Is Tutoring Considered a Section 7 Expense?

Ontario courts have repeatedly considered whether tutoring qualifies as a special or extraordinary expense, and the answer is not always clear-cut. In general, tutoring may be classified as a Section 7 expense if it satisfies the following criteria:

  1. It is necessary because of the child’s educational needs, such as a learning disability, falling significantly behind in school, or needing support to pass a grade; and
  2. It is reasonable in light of the parents’ financial circumstances.

Conversely, in cases where tutoring was for enrichment purposes or not clearly linked to an educational need, courts have been less willing to classify it as a Section 7 expense.

Shared Decision-Making: Who Decides If a Tutor Is Necessary?

In shared parenting arrangements, educational decisions (like whether to hire a tutor) should be made jointly if parents share decision-making responsibility (formerly called “custody”). Where one parent has sole decision-making authority, they may have the final say, but that does not necessarily mean the other parent will be legally obligated to share the cost unless the expense qualifies under Section 7.

Even when decision-making is shared, one parent may unilaterally hire a tutor and later seek reimbursement. This often leads to disputes, especially if the other parent was not consulted or disagrees with the necessity or cost of the tutoring. In such cases, courts are more likely to side with the objecting parent if the tutoring was arranged without prior discussion and if the circumstances do not clearly warrant such support.

Effective communication between co-parents, ideally through a written parenting plan, is crucial for avoiding these conflicts.

What Happens When Parents Disagree?

Disagreements about tutoring expenses typically arise when:

  • One parent believes tutoring is necessary, and the other does not;
  • The cost of the tutoring is seen as excessive or unjustified;
  • There is no agreement on the type or frequency of tutoring; or
  • A parent feels they were excluded from the decision-making process.

Ontario courts encourage dispute resolution mechanisms, such as mediation or collaborative family law, to help parents resolve these issues without resorting to litigation. However, if informal negotiation fails, a parent can apply to the court to have the tutoring expense recognized as a special or extraordinary expense and to compel the other parent to contribute to it.

The court will examine the child’s educational needs, the necessity of the tutoring, the reasonableness of the cost, and the parents’ financial means.

How Income Affects Cost Sharing

If tutoring qualifies as a Section 7 expense, parents are usually required to share the cost in proportion to their respective incomes. This approach reflects the underlying principle that child-related expenses should be shared fairly in accordance with each parent’s financial capacity.

It is important to note that income is determined not only by the numbers on a tax return but may also be subject to imputation if one parent is found to be underemployed or deliberately earning less.

Best Practices for Co-Parents Navigating Tutoring Disputes

Co-parents can take several steps to avoid or minimize tutoring-related disputes:

Communicate Proactively

Discuss tutoring needs, options, and costs in advance to ensure a clear understanding. Share school reports, teacher feedback, and assessments that may support the need for academic support.

Document Agreements

If you agree to hire a tutor, put the terms in writing, including who will pay what portion and for how long. If an agreement cannot be reached, suggest mediation before unilaterally enrolling the child in tutoring.

Include Tutoring in Parenting Plans

Parenting agreements or court orders can address educational support, including whether tutoring is permitted, who decides, and how the costs will be shared. Clarity now can prevent litigation later.

Consider Alternatives

If one parent objects to tutoring due to cost, explore school-based support services, online resources, or lower-cost tutors. Showing a willingness to consider options can strengthen your position if the matter goes to court.

Keep Receipts and Records

If you proceed with tutoring and later seek cost-sharing, provide the other parent with copies of invoices, progress reports, and evidence that the tutoring was necessary and beneficial.

The Benefit of a Family Lawyer in Tutoring Disputes

Tutoring disputes can escalate quickly, particularly when they are symptomatic of deeper disagreements about parenting philosophies or communication breakdowns. Having experienced legal advice from the outset can help minimize conflict and understand your rights and options.

A family lawyer can assist with:

  • Interpreting or revising parenting agreements;
  • Calculating fair contributions based on income;
  • Applying to the court for cost-sharing of tutoring; and
  • Defending against a claim for reimbursement.

Legal support is especially valuable in high-conflict co-parenting relationships where minor disagreements often snowball into litigation.

Prioritizing Your Child’s Educational Needs

Ultimately, tutoring decisions should be guided by what is in the best interests of the child, not by lingering resentments or financial leverage. Ontario’s family law system provides a framework for resolving these disputes fairly, but parents can save time, money, and emotional strain by approaching educational issues collaboratively and with transparency.

By understanding the legal principles that govern Section 7 expenses and taking proactive steps to communicate, document, and agree on tutoring needs, co-parents can ensure their child receives the support they need to succeed academically—without turning every report card into a battleground.

Contact Shariff & Associates for Multifaceted Advice on Child Support in Markham Stouffville

If you are navigating a disagreement about tutoring costs or other education-related expenses, early legal guidance can help you avoid unnecessary conflict and protect your child’s best interests. The family lawyers at Shariff & Associates can review your parenting agreement, assess whether a tutoring expense qualifies as a Section 7 cost, and help you pursue a fair and practical resolution. To book a confidential consultation, please call 905-591-4545 or contact us online.