Child Support: What You Need to Consider
Child support is the right of the child, not the parent who receives the support. Both parents are responsible to financially support their children and this obligation continues after a separation or divorce. In fact, the court may refuse to grant to a divorce if it is not satisfied that reasonable arrangements have been made for the ongoing support of the parties‘ children.
In Canada, child support is set by child support guidelines. For married couples in Alberta, the Federal Child Support Guidelines are utilized and for non married parents in Alberta the Alberta Child Support Guidelines are applicable. The two different sets of guidelines are very similar. The guidelines are the law for establishing the amount of child support to be paid by either, or both, parents.
The amount of child support payable by either, or both, parents is determined based on that parent’s income, province of residence and the number of children.
In some circumstances there may be special considerations to factor in when setting child support. Some examples include:
- in shared parenting situations where both parents have parenting time at least 40% of the time
- when there are adult children that still meet the definition of “child” such that there is an ongoing support obligation
- when either or both of the parties earn an income in excess of $150,000
- if parents have unusually high costs associated with exercising parenting time
- potential child support obligations for a person who is not a biological parent to the child but has stood in the place of a parent
Use our Alberta Child Support Calculator to find amounts that may apply based on income and custody arrangements. Individual scenarios are unique and require professional knowledge to come to accurate ranges, please contact us for input from our team of family law professionals.
Child Support Lawyers Who Have Your Back
Whether or not any of the above situations apply, and what practical effect that has on the amount of child support payable, is a very fact-specific analysis. The family law and divorce lawyers at SVR can provide you with guidance and advice on what effect your particular circumstances may have with respect to child support.