At Luminary Legal Practice, our family lawyers bring extensive expertise in resolving child support issues during separations or divorces. Child support can be a challenging aspect of these processes, with concerns about one parent overpaying or the other receiving too little. Our team focuses on protecting your children’s best interests while exploring strategies to achieve the best outcome for your family.
In Alberta, as across Canada, child support is typically calculated using the Federal Child Support Guidelines, part of the Divorce Act, which applies to children of married parents. For unmarried parents, the Family Law Act of Alberta applies, but it uses the same guidelines. You can use the free child support calculator on the Department of Justice website for basic estimates, but consulting a family lawyer provides a more accurate calculation tailored to your circumstances.
Child support depends on three main factors:
While usually straightforward, complexities arise when new partners are involved. Non-biological parents may still be obligated to pay child support if they act as a parent, a concept known as “in loco parentis.”
Child support is payable for dependent children, typically under 18. If a child lives with neither parent, support might not be required. Children over 18 can also qualify if they are dependent due to illness, disability, or full-time education.
The amount of child support varies based on custody arrangements. For primary custody, Section 3 of the Federal Child Support Guidelines applies. For shared custody, Section 9 applies, usually resulting in an “off-set” amount based on each parent’s support obligation.
For salaried employees, Guideline income is derived from Line 150 of their tax return. For self-employed individuals, those with businesses, or those with non-traditional income sources, determining Guideline income requires thorough documentation.
To determine Guideline income, lawyers request documents such as tax returns, notices of assessment, income statements, business financial statements, and other relevant financial information.
Child support should be updated annually with new income information or reviewed with any significant changes in circumstances, known legally as a “material change.”
In addition to base support, parents must cover “Section 7 Expenses,” which include child care, medical and dental premiums, health-related expenses over $100, education costs, post-secondary education, and extracurricular activities. These expenses are shared proportionally to each parent’s income.
Child support should begin immediately after separation, but retroactive support can be pursued if payments were delayed. Eligibility depends on various legal factors.
Parents can establish child support through an Agreement, which can cover only child support, include spousal support, or be part of a comprehensive Separation Agreement. This can help avoid court involvement.
If a parent refuses to pay, you can seek a Child Support Order through Provincial Court or the Court of Queen’s Bench. Successful applications require detailed evidence.
With a Child Support Agreement or Order, you can use the Maintenance Enforcement Program (MEP) to manage payments and enforce support if necessary. MEP can take various actions, like suspending licenses or garnishing wages, to ensure compliance.
Alberta’s Child Support Recalculation Program allows parents to update support amounts without lawyers, provided their income information is straightforward. Visit the Government of Alberta website for more details or contact our office for a consultation.