Child Support
Child support is governed by the Federal Child Support Guidelines for separated or divorced parents who were married. The Alberta Child Support Guidelines apply for parents who were unmarried, living in a common-law relationship, or who were married but have not started a divorce action. By law, reasonable arrangements must be made for the support of your children.
Federal Guideline tables show the basic amount of child support which is to be paid based on the income of the payor parent. One or both parents will be a payor to the other of this support depending on the nature of their parenting plan arrangement. The basic table amount of child support is set out in section 3 of these Guidelines.
In addition to the s.3 basic amount of child support, parents may pay a proportionate amount of special expenses for their children. This proportion is based on the income of the parents. Section 7 of the Guidelines lists these expenses which in general include after tax child care, the children’s portion of medical and dental insurance premiums, health related expenses, extraordinary education expenses, post-secondary education expenses, and extraordinary expenses for extracurricular activities.
The payor parent of child support does not get a tax deduction and the recipient parent does not pay tax on it. A change in circumstances can vary the amount of child support, as for example a change in income.
Under s. 9 of the Guidelines, income may be imputed to a parent for the purpose of calculating the child support amount where it is considered appropriate in the circumstances. Examples of this are when a parent is intentionally under-employed, fails to provide income information, is diverting income, or is unreasonably deducting expenses from income.
At Peaceable Settlements, we can help you figure out how much child support you would pay under the Guidelines, how you will cover your children’s additional expenses, and for how long it is to be paid. Providing financially for your children can be addressed in mediation, collaboration, or arbitration. These agreed terms of child support can be written into your Settlement Agreement and Divorce Judgment.
Resources:
- Child support overview – Dept. of Justice (Canada)
- Federal child support guidelines – Gov. of Canada
- Child support recalculation program – Gov. of Alberta
- Maintenance enforcement program – Gov. of Alberta
- Financial support guide (PDF) – Centre for Public Legal Education Alberta