CHILD SUPPORT IN ALBERTA

Child Support in Alberta

Every child in Canada has the legal right to child support from both parents because it’s in the child’s best interest. In this post, we’ll look at the basic child support guidelines in Alberta, including:
 

What is Child Support?

“Child support” is the money that one parent pays to another to support their children financially after a separation or divorce. Every child in Alberta has a right to enjoy the resources of their parents. It is for the child’s benefit, not the parent’s benefit. Regardless of the parents’ relationship or the parenting arrangement, a child always has the right to receive child support.

What does Child Support Cover?

Child support covers basic living expenses of the child(ren), together with necessary additional special expenses that are reasonable and, in the child(ren)’s best interest. Expenses covered by child support include food, clothing, housing, transportation, health care (including dental) childcare, education (including post-secondary) and extracurricular activities. 

Who is responsible for child support payments?

Children have a legal right to financial support from both parents. Both parents have a legal responsibility to provide support, which must continue regardless of separation or divorce . The responsibility for child support payments varies depending on the parenting arrangement. Split custody and shared custody arrangements, for example, may require a more creative division of child support.

How is child support calculated in Alberta?

For parents going through a divorce, the amount of child support payable is calculated using the Federal Child Support Guidelines. For parents going through a separation, child support is calculated using the Alberta Child Support Guidelines. 

The Alberta Child Support Guidelines are the same as the Federal Child Support Guidelines, but with the following exceptions:

1. Child support continues beyond age 18 until age 22, as long as the child is      attending a post-secondary institution full time or has a disability or      illness.
2. A step-parent may be responsible for child support if they have treated the child as      their own.
3. Anyone who has the child in their care may apply for child support.
4. Special expenses may be estimated.

The base child support amount is established in the Federal Child Support Guidelines and depends on three key factors:

1. The pre-tax annual income of the paying parent
2. The number of children involved
3. The province in which the paying parent lives 

To calculate the basic child support amount, refer to the Child Support Table Look-Up. This calculation is determined by the average amount that parents at each income level spend on their children when the parents are still together. Special expenses are calculated separately.

The amount of child support a parent pays can can differ from the Guidelines in certain situations, such as undue hardship or income exceeding $150,000 per year. In exceptional circumstances like these, consult a contact an Alberta Child Support Lawyer. 

How is income calculated to determine child support?

The paying parent’s gross annual income (minus allowable deductions) is a factor in calculating child support. To find this amount, please refer to line 150 of the paying parents income tax return, or a Notice of Assessment from the Canada Revenue Agency (CRA), or the total sum of the pre-tax amount of their pay stubs for a full year of work.

In some cases, a paying parent’s income makes it difficult to calculate a consistent child support amount due to self-employment, under-employment, or simply intentionally unemployed. In complicated income situations, contact an Alberta Child Support Lawyer. 

How is child support calculated when the child lives primarily with one parent?

When the child lives primarily with one parent (70% or more), that parent is the recipient of the child support; and section 3 child support will be based on the paying parents income. The base child support amount is calculated using the federal Child Support Table Look-Up. Please note that special expenses are calculated separately.

How is child support calculated when custody is shared?

When physical custody is shared, section 9 child support may be payable. Section 9 of the Federal Child Support Guidelines governs situations where both parents have physical custody of the children for at least 40 per cent of the time (resulting in “shared custody”). When custody is shared, use the Child Support Table Look-Up to calculate the amount for each parent. The higher-income parent pays the difference (off-set amount) between the two amounts. Special expenses are calculated separately.