What Is Child Support About?

In Alberta, child support is governed by the Federal Child Support Guidelines and the Alberta Child Support Guidelines, both of which aim to standardize child support amounts and ensure fairness. The primary purpose of these guidelines is to provide children with a standard of living comparable to what they would have enjoyed had their parents not separated.

The amount of child support is determined based on the paying parent’s income, the number of children, and the province’s standardized support tables. These tables outline the basic monthly amounts payable, but the actual costs covered by child support extend far beyond these basic figures.

Who Is Responsible For Paying Child Support In Alberta?

Child support and child custody are interconnected aspects of family law. In most cases, the parent with primary custody (custodial parent) typically receives child support payments. This parent has the child living with them most of the time and is responsible for day-to-day care.

The non-custodial parent, who has less physical custody time, is usually responsible for paying child support. This ensures they contribute to the child’s upbringing financially. The amount of child support is calculated based on the non-custodial parent’s income and the number of children, following the Federal and Alberta Child Support Guidelines.

In shared custody arrangements, also known as split custody where the child spends equal or significant time with both parents, the child support calculations may differ. Both parents might be required to provide financial support proportionally based on their incomes.

Child custody determines the living arrangements and caregiving responsibilities for the child, and child support ensures that the child’s financial needs are met regardless of which parent they live with. Both child support and custody decisions aim to serve the best interests of the child, ensuring they have stable financial support and a nurturing environment.

What Does Child Support Cover?

Child support is designed to cover various expenses necessary for a child’s upbringing. It typically includes basic living costs such as food, clothing, and housing. However additional expenses, known as other special expenses or extraordinary expenses, are also considered based on their necessity for the child’s well-being and the family’s financial situation. These are addressed in Section 3 and Section 7 of the Federal and Alberta Child Support Guidelines.

BASIC LIVING EXPENSES

Section 3 of the Federal and Alberta Child Support Guidelines outlines the standard child support payments that cover the essential living expenses of the child. These payments are based on the paying parent’s income and the number of children and are intended to cover costs such as food, clothing, housing, and basic education. These include the following:

• Food and Nutrition: One of the primary responsibilities of child support is to ensure that the child has access to adequate and nutritious food. This includes daily meals, snacks, and any special dietary needs that the child may have. Proper nutrition is crucial for the child’s physical health, growth, and overall development.
• Clothing: Child support must cover the cost of clothing, ensuring that the child has appropriate attire for all seasons and activities. This includes everyday wear, school uniforms if required, and clothing for special occasions.
• Shelter: Housing expenses are a significant part of child support. This includes rent or mortgage payments, utilities, and maintenance of the child’s primary residence. The goal is to provide the child with a stable and safe living environment.
• Health Care: Child support also covers basic health care needs. While Alberta’s public health care system covers many medical services, additional costs such as prescription medications, dental care, and eye care may not be fully covered. Ensuring that the child has access to necessary medical and dental care is a critical aspect of child support.
• Education: Child support helps cover basic educational expenses such as school supplies, textbooks, and any fees associated with public schooling. Education is fundamental to the child’s development and future opportunities.

ADDITIONAL COSTS AND EXTRAORDINARY EXPENSES

Section 7 of the Federal and Alberta Child Support Guidelines addresses additional child-related expenses that go beyond the basic support covered under Section 3. These expenses include costs for healthcare not covered by insurance, extracurricular activities, childcare, and education-related expenses like private schooling or tutoring. These are shared by the parents in proportion to their incomes, based on necessity and reasonableness. These include the following:

• Extracurricular Activities: Participation in extracurricular activities is essential for a child’s social and physical development. Child support can cover costs related to sports teams, music lessons, art classes, and other activities that contribute to the child’s enrichment and personal growth.
• Childcare Expenses: For working parents, childcare is often a necessary expense. This includes daycare, after-school programs, and babysitting services. Childcare expenses ensure that the child is cared for in a safe environment while the custodial parent is at work or attending to other responsibilities.
• Special Educational Needs: If the child has special educational needs, such as tutoring or attending a private or special needs school, child support can cover these costs. Ensuring children have access to the education they need to succeed is a priority.
• Medical and Dental Expenses Not Covered By Insurance: While basic healthcare is covered, additional medical and dental expenses may be considered extraordinary. These include orthodontics, prescription medications, and any other health-related expenses necessary for the child’s well-being.
• Transportation Costs: Child support may also need to cover transportation costs, especially if the child needs to travel between the homes of separated parents. This can include public transportation fares, fuel costs, and vehicle maintenance if driving is necessary. Additionally, if the child participates in activities that require travel, these costs can also be included.

In some cases, child support may cover legal and administrative costs associated with the child’s needs. This includes fees for obtaining passports, costs related to custody evaluations, and any other administrative expenses directly related to the child’s welfare.

Considerations For High-Income Parents

For high-income parents, the standard child support guidelines may not fully address the child’s needs or the lifestyle they are accustomed to. In such cases, the court may adjust the child support amount to reflect a higher standard of living. The child might participate in more costly extracurricular activities or have extraordinary educational costs like private school tuition to contend with, which necessitates a higher support amount. This ensures that the child’s quality of life remains consistent, even if one parent has a significantly higher income.

Detailed financial documentation is essential to assess the other parent’s income accurately and determine appropriate financial support. While higher incomes can justify larger support payments, the expenses must still be reasonable and necessary for the child’s best interests.

How to Determine Child Support?

When it comes to calculating how much to pay in regular child support payments, you can use the following child support tables. These are from the official website and will give you a baseline for calculating child support payments.

• Child support table: One to four children
• Child support table: Five or more children

These figures did not include extraordinary expenses. If you have any questions, please get in touch with your child support lawyer for more information.

Enforcement And Modification Of Child Support

Enforcing child support payments in Alberta is primarily managed by the Maintenance Enforcement Program (MEP). The MEP ensures that child support orders are followed and payments are made in full and on time. When a parent fails to meet their child support obligations, the MEP can take several actions to enforce payment. These measures include garnishing wages, seizing bank accounts, and intercepting tax refunds. In extreme cases, the MEP can also place liens on property or initiate court proceedings, which could result in jail time for the non-paying parent.

The enforcement process begins when the custodial parent registers their support order or agreement with the MEP. Once child support arrangements are registered, the MEP monitors payments and intervenes when there are missed payments. It can also facilitate communication between parents to address payment issues and adjust the payment plan according to the non-custodial parent’s financial situation.

The MEP plays a critical role in ensuring that children receive the financial support they are entitled to, regardless of any disputes or difficulties between parents. This enforcement mechanism helps uphold the integrity of child support orders and provides a structured process to address non-compliance, ensuring the child’s needs are met consistently and reliably.

Additionally, child support orders can be modified if there is a significant change in circumstances. This includes changes in the paying parent’s income, the child’s needs, or the custodial arrangements. Both parents have the right to request a review of the child support order to ensure it remains fair and adequate.

What If One Parent Can’t Afford Child Support?

If a parent cannot afford to pay child support, several steps can be taken to address the situation. The parent should provide the court with detailed financial information to demonstrate their inability to pay the determined amount. The court may then adjust the child support payments based on this economic situation to ensure a fair and manageable amount.

Government assistance programs may also be available to support parents struggling with child support obligations. The Canada Child Benefit (CCB), for example, offers monthly payments to help with the cost of raising children under 18.

Ultimately, the goal of child support is to prioritize the best interests of the child, ensuring they have the resources and support they need to grow, develop, and succeed. By understanding the comprehensive coverage of child support in Alberta, parents can better navigate their responsibilities and work together to create a nurturing environment for their children.

Don’t navigate this complex process alone. Get in touch with our experienced Calgary family lawyers today to protect your rights and your child’s best interests.