Ask the ExpertsChild Support
Do I have to go back to court each year to update my child support?
You may be able to avoid going to court or even seeing a lawyer! On December 1, 2009, Alberta Justice started a new service called the Child Support Recalculation Program.
Upon application by one party, the service recalculates child support using most recent income tax information for each parent. It can review numbers both for base monthly support as well as proportionate shares of special expenses.
To enroll in this service, one parent must submit an application along with a copy of their order or agreement. Eligibility is then assessed. A recalculation may be done on the anniversary date of …
As a step-parent, do I have any child support obligations on separation or divorce?
In a nutshell… maybe.
The 1st question is: do you “stand in the place of a parent” to your step-kids? The court will look at the parental relationship while you were a family unit, not after the separation. Factors to be considered are: do you discipline them? Do you show others that you are responsible for them? What is your relationship with them compared with that of the absent biological parent?
The 2nd question is: are there other persons who are/should be paying support for your step-kids? The courts have ruled in so many different ways on this …
My kids’ dad hasn’t paid support in over 6 months – do I still have to let him see the kids?
Yes…Yes…Yes. I have clients come in to see me about this on a regular basis. Some clients think that they can dangle parenting time in front of the other parent as a tool to ensure that support is paid, and paid on time.
Legally speaking, the two concepts – support and parenting time – are separate issues.
The amount of child support one parent must pay to the other is based on the Child Support Guidelines which talks about support being based on where the kids live, the parents’ income, the amount of time the children spend with each parent, etc. Even …
What is my Obligation to Support My Child Who is Over the Age of 18?
A parent is required to support their child as long as they are a “child” under the appropriate legislation. To determine if a child is still a “child” for child support purposes, look at both age and dependency. For age – the cut off is the child being under the age of majority in the province where the child resides (18 in SK and AB).
Under the Divorce Act (for married/divorced parents) and the Family Maintenance Act (for unmarried parents in SK), for dependency, the child could either be over or under the age of majority, but be unable to withdraw …
4-Part Series: Aspects of Separation & Divorce – Part 1: Child Support
The Child Support Guidelines govern how child support is calculated. First, determine your base amount using this handy online tool.
Then, adjustments up or down may be required. On top of the base amount parents may still need to share children’s “special expenses” such as child care, health premiums/expenses, education, and extra-curricular activities. If the children are split between both parents, or if other special circumstances apply to you, the base amount may be reduced in your case.
Lawyers use specialized software to precisely calculate child support payable. The above is over-simplified to give you a starting point. Consult your …
“Retroactive Support” – Will you be a victim?
The hottest topic in family law these days is the issue of retroactive child support – also called “back pay”. When a parent is required to pay child support, that parent has a duty to tell the other parent when his or her income changes. As you may have experienced, this doesn’t always happen.
The Supreme Court of Canada has recently validated what has long been the practice in Alberta of awarding retroactive child support. In short, the Court has stated that if the paying parent does not disclose a change in income, then a court may make an award to …
What amount of child support should I be paying or receiving?
How do you know if you’re paying or receiving the proper amount of child support? Regardless of whether you have a court order or you are a party to a written or oral agreement for child support, child support payments may be subject to variation if circumstances of either the paying or receiving parent changes?
You should be sure that you have been and are still paying or receiving at least the minimum amount prescribed. The federal Child Support Guidelines contain tables which provide a starting point to determine the base amount of child support payable. These tables apply to both …