Child support is a payment made by a non-custodial parent to cover the expenses of raising a child. This payment is usually made by the parent who does not have primary custody over the child.
In Alberta, as in many other jurisdictions, child support is a legal obligation, and parents who do not pay can face serious consequences. This article will provide an overview of Alberta’s child support laws, including the legal right of child support, the calculation of child support, and the consequences of failing to pay child support.
Legal Right of Child Support
In Alberta, a child has a legal right to financial support from both of their parents. This means that parents have an obligation to provide financial support to their children, regardless of whether they have custody of the child.
A parent who is not the primary caregiver of the child must pay child support to the parent who has primary custody.
Reduction of Child Support
It is possible to reduce child support payments if there is a change in the paying parent’s financial situation. The paying parent can apply to the court to have their child support payments reduced if they are experiencing financial hardship.
However, the court will only reduce payments if the paying parent can show that they are unable to continue making the original payment amount.
Written Support Agreement
Parents can reach a support agreement outside of court. This agreement will specify the amount of child support to be paid, along with any other terms and conditions.
Once the agreement is signed, it becomes a legally binding contract. It is important to note that the court can still review and modify the agreement if it is found to be unfair or if the circumstances of the parties change.
Termination of Child Support Order
Child support orders usually terminate once the child reaches the age of majority, which is 18 years old in Alberta. However, in certain circumstances, support can be extended beyond this age.
For example, if the child has a disability or is pursuing post-secondary education, the court may require the paying parent to continue making child support payments.
Consequences for Failure to Pay Child Support
Failing to pay child support can have serious consequences. Alberta law provides for a range of enforcement measures, including wage garnishment, seizure of property, and even imprisonment.
The court can also order the suspension of the paying parent’s driving license and passport.
Higher-Earning Parent Obligation
In cases where one parent earns significantly more than the other, the higher-earning parent will usually have a higher child support obligation. This is because parents are expected to contribute to their children’s upbringing in proportion to their income.
A higher-earning parent may be required to pay additional child support to cover the costs of extracurricular activities, medical expenses, or other special needs.
Special Circumstances for Child Support Payments
In some circumstances, child support payments may need to be modified to cover special expenses. For example, if a child has special needs, the court may require the paying parent to contribute to additional expenses such as therapy or medical equipment.
Similarly, if a child is pursuing post-secondary education, the court may require the paying parent to contribute to tuition and living expenses.
Child Support Amount Outside Guidelines
In Alberta, the amount of child support to be paid is usually calculated based on federal and provincial guidelines. However, in some cases, the court may deviate from the guidelines if it is found to be unfair or if there are extenuating circumstances.
When calculating child support, the court will take into account a number of factors, including the number of children, the parenting arrangement, and the income of both parents.
Conclusion
Child support is an important legal obligation and parents who fail to pay can face serious consequences. It is important for both parents to understand their rights and obligations when it comes to child support.
By understanding the legal framework surrounding child support in Alberta, parents can make informed decisions that are in the best interests of their children.
3) Extraordinary Expenses for Child Support
Child support is a legal obligation for parents who do not have primary custody of their children. The amount of child support to be paid is calculated based on a number of factors, including income, parenting arrangements, and the number of children.
However, in some cases, parents may be required to contribute to “extraordinary expenses” on top of regular child support payments. In Alberta, the Family Law Act provides guidance on when extraordinary expenses may be ordered by the court.
Income over $150,000
When a parent’s income exceeds $150,000, they may be required to contribute additional support beyond the standard child support payment. This is because the guidelines only apply to the first $150,000 of income.
For income above $150,000, the court may require the paying parent to contribute additional support to cover extraordinary expenses such as private school tuition, extracurricular activities, or medical expenses.
Special Expenses Ordered by the Court
In addition to income over $150,000, there are certain special expenses that may be ordered by the court. These expenses are in addition to regular child support payments and may include:
1.
Post-secondary education expenses: If a child is pursuing post-secondary education, the court may order the paying parent to contribute to tuition, living expenses, and other education-related expenses. 2.
Medical expenses: If a child has special medical needs, the court may order the paying parent to contribute to additional medical expenses beyond what is covered by insurance. 3.
Child care expenses: If a parent requires child care in order to work or attend school, the court may order the paying parent to contribute to child care expenses. 4.
School expenses: The court may also order the paying parent to contribute to expenses related to attending a particular school, such as uniforms or transportation costs.
Prescribed Child Support Amount
In some cases, the court may order a prescribed child support amount. This is a fixed amount of support that is ordered by the court and is not based on the guidelines.
Prescribed amounts are usually ordered in cases where regular child support payments are not sufficient to meet the child’s needs. 4) Termination, Reduction, and Back Support Amounts
Termination of Child Support in Alberta
In Alberta, child support usually continues until the child reaches the age of majority, which is 18 years old. However, there are some circumstances in which child support may terminate earlier.
For example, if the child becomes self-supporting, joins the military, or is adopted, child support may be terminated early. It is important to note that there are no emancipation laws in Alberta, so child support will continue even if the child is living independently.
Lowering Child Support Payments in Alberta
If a paying parent experiences a change in income or other circumstances that affect their ability to pay child support, they can apply for a reduction in payments. The paying parent can apply to the court for a child support recalculation or participate in the Child Support Recalculation Program.
In some cases, the other parent may object to a reduction in child support, and the matter will need to be resolved in court.
Back Child Support in Alberta
If a paying parent falls behind on child support payments, they may be required to pay back support. Back support is retroactive support that covers any payments that were missed in the past.
The amount of back support owed can be determined through negotiation or mediation, or by a demand letter from the receiving parent. It is important to keep in mind that back support payments can accrue interest, so it is in the paying parent’s best interest to stay up to date on their child support obligations.
Conclusion
In Alberta, child support is a legal obligation for parents who do not have primary custody of their children. The amount of support to be paid is calculated based on a number of factors, including income, number of children, and parenting arrangements.
In addition to regular child support payments, parents may be required to contribute to extraordinary expenses such as post-secondary education, medical expenses, and child care expenses. It is important for parents to understand their rights and obligations when it comes to child support, including the circumstances under which support can be terminated, reduced, or increased.
5)
Consequences for Failure to Pay Child Support in Alberta
Child support is a legal obligation in Alberta that requires a non-custodial parent to contribute financially to their child’s upbringing. Failure to make timely and sufficient payments can have serious consequences, both legal and financial.
In this section, we will discuss the consequences that a parent can face for failing to pay child support in Alberta and the age of termination for child support.
Consequences for Failure to Pay Child Support
If a parent fails to pay child support, the recipient parent can seek enforcement through the Director of Maintenance Enforcement (DME). The DME is responsible for collecting child support payments on behalf of the custodial parent and enforcing the terms of the court order.
The methods by which the DME can enforce child support payments include:
1. Garnishment of wages: The DME can garnish the paying parent’s wages or income tax refunds to collect the child support owed.
2. Suspension of driver’s license or passport: The DME may also suspend the paying parent’s driver’s license or passport if they fail to make the required payments.
3. Contempt of court: If the paying parent is found to be in contempt of court for failure to comply with the child support order, they can face fines or imprisonment.
4. Seizure of assets: The DME can also seize assets, such as bank accounts or property, to collect the child support owed.
Age of Termination for Child Support
Child support in Alberta usually continues until the child reaches the age of majority, which is 18 years old. However, child support may continue beyond the age of majority under certain circumstances.
For example:
1. Special needs: If a child has special needs, such as a physical or mental disability, child support may continue past the age of majority to support their ongoing care and treatment.
2. Post-secondary education: If a child is pursuing post-secondary education, child support may be extended to cover tuition, living expenses, and other education-related expenses.
In general, the court will consider the child’s best interests when deciding whether to extend child support beyond the age of majority. The paying parent will need to continue providing support until the court orders otherwise.
Conclusion
Child support is a legal obligation in Alberta that requires non-custodial parents to provide financial support to their child. Failure to make timely and sufficient payments can have serious consequences, including garnishment of wages, suspension of driver’s license or passport, and even imprisonment.
In Alberta, child support usually continues until the child reaches the age of majority, but can be extended in certain circumstances, such as special needs or post-secondary education. It is important for parents to understand their legal obligations and the consequences of failing to comply with child support orders.
Child support is a vital legal obligation in Alberta, ensuring that children receive the financial support they need. This article has highlighted key aspects of Alberta’s child support laws, including the legal right of child support, calculations based on income and parenting arrangements, extraordinary expenses, and consequences for failure to pay.
Understanding these laws is crucial for both paying and receiving parents to ensure the well-being of their children. Remember, failing to pay child support can result in serious consequences such as wage garnishment, suspension of licenses, and even imprisonment.
By fulfilling these obligations, parents can provide their children with the support they deserve and ensure their proper upbringing.