Child Support 101
When people separate or divorce, there may be ongoing financial obligations to provide support for any children of the relationship. If the parties are married, the Divorce Act (Canada) and Federal Child Support Guidelines determine child support. If they are not married, the Family Law Act (Alberta) and Alberta Child Support Guidelines apply. Married couples can also choose to seek support under the Family Law Act. The quantum of support payable under each act is the same. The legal tests slightly differ.
The goal of child support is to ensure that children continue to benefit from both parents after separation.
Entitlement
Entitlement to support is the “right of the child” and the corresponding obligation of each parent. A parent cannot waive a minor child’s right to support.
Who Is A Child?
A child should receive support if the child is:
- under the age of 18; or
- 18 years or older but unable to withdraw from parental care; or
- 18 years or older but unable to obtain the necessaries of life due to illness, disability or other cause, such as being a full-time student pursuing post-secondary education.
A child under the age of 18 would not be entitled to support under the following conditions:
- If the child is married; or
- If the child is an adult interdependent partner; or
- if the child has otherwise withdrawn from parental care and is living independently.
However, a child may re-establish entitlement to support if circumstances change.
Who Is Obligated To Pay?
A parent, guardian and/or person who stands in the place of a parent to a child is obligated to pay support.
What Amount Should Be Paid For Child Support?
Presumptive Rule
The presumptive rule is that support should be paid in the amount listed in the applicable table. This amount is based on the payor’s income and the number of children entitled to support. In addition, any special or extraordinary expenses for the children are also payable, unless otherwise provided in the Guidelines.
Other Approach
This approach may be inappropriate in certain situations. This could be situations such as when the child is 18 or older or the payor’s income exceeds $150,000 per year. If the presumptive approach is deemed unsuitable, the support amount is determined based on the child’s condition, needs, and circumstances, as well as each parent’s financial ability to contribute.
Child Support Tables
The federal and provincial child support tables set out the amount of monthly support payments based on the annual income of the payor and the number of children.
The amounts in the tables are based on economic studies of average spending on children in families at different income levels in Canada. The calculation is done using a mathematical formula through a specific computer program.
If the child and payor parent live in different provinces, the applicable table is that for the payor’s province or territory of residence. If the payor resides outside of Canada or their residence is unknown, the applicable table is that for where the recipient lives.
Income
Income is calculated in accordance with Schedule III of the Guidelines.
Special or Extraordinary Expenses
In addition to the table amount of support payable, parents will share certain expenses in proportion to incomes. The following special or extraordinary expenses for children are expenses, as set out at section 7 of the Guidelines:
(a) childcare expenses incurred as a result of the employment, illness, disability or education or training for employment of the spouse who has the majority of parenting time;
(b) that portion of the medical and dental insurance premiums attributable to the child;
(c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;
(d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;
(e) expenses for post-secondary education; and
(f) extraordinary expenses for extracurricular activities.
The expense must be necessary in relation to the child’s best interests and reasonable having regard to the means of the parents, the means of the child, and the family’s spending pattern prior to separation.
Split Parenting Time
When two or more children live primarily with different parents (e.g., child 1 with parent 1 and child 2 with parent 2), the support payable is the difference between the amounts each parent would owe the other.
Shared Parenting Time
When a child spends roughly equal time with both parents, with each parent having the child at least 40% of the time, the determination of support is through considering:
- the amounts set out in the applicable tables for each parent;
- the increased costs of shared parenting time arrangements; and
- the conditions, means, needs and other circumstances of each parent and of any child for whom support is sought.
Undue Hardship
A different support amount may be appropriate if it’s shown that the amount determined under the Guidelines would cause undue hardship to a parent or child, considering the circumstances.
This is a general overview of the child support framework in Alberta. Issues often arise regarding income determination, the approach to support, and the appropriate amount to pay depending on the circumstances.
We Can Help!
The family law lawyers at Kahane Law Office have experience in resolving such support issues. We understand this complex area of the law, how it may apply in your circumstances. Schedule an appointment with one of our family law lawyers today! You can call us at 403.225.8810 or email us at [email protected].