In Alberta, child support is calculated based on federal or provincial guidelines depending on marital status, the parenting arrangement, and each parent’s income. Payments cover basic needs, with additional Section 7 expenses like childcare or education shared proportionally. The focus of child support payments is on the child’s best interests. Understanding the rules and working cooperatively helps ensure fair, effective support for children.
Determining child support in Alberta involves several important steps and considerations, guided primarily by whether the parents of the child are married or unmarried, the parenting arrangement, and the financial status of each parent.
Legislation Governing Child Support
In Canada, child support guidelines depend initially on marital status:
- Married couples: Child support falls under the federal Divorce Act.
- Unmarried couples: Provincial legislation applies, specifically Alberta’s Family Law Act.
While these are distinct pieces of legislation, both federal and provincial guidelines closely mirror each other, ensuring consistency across Canada and for children regardless of whether or not their parents were married.
Assessing Parenting Arrangements
The next step is to establish the parenting schedule:
- Shared Parenting: When both parents have roughly equal parenting time.
- Primary Caregiver: If one parent primarily cares for the children.
This distinction directly impacts the support calculations. In primary care situations the other parent pays support. In shared parenting each parent pays support to the other based on their respective incomes.
Determining Income Levels
An important component in child support calculation is accurately determining each parent’s income. Typically, income is assessed through tax returns. However, if either parent owns a business, a detailed financial review may be required. Business owners sometimes receive personal benefits through their businesses, such as claiming personal expenses, thus requiring a more thorough examination of financial statements to ensure fairness.
Child Support Guidelines and Base Amount
Alberta, like all Canadian provinces and territories, utilizes a standardized grid system provided by the child support guidelines. This system calculates the basic amount of support owed based on the paying parent’s income, province of residence, and the number of children involved. This base amount is known as the Section 3 amount under the federal guidelines.
Special or Extraordinary Expenses (Section 7)
Beyond basic support, parents may also be responsible for additional costs, referred to as Section 7 expenses. These include special or extraordinary expenses such as:
- Childcare expenses
- Medical and dental insurance premiums
- Educational expenses, including post-secondary costs
- Extracurricular activities
These expenses are typically shared proportionately based on each parent’s income.
Child support is complex, but understanding Alberta’s legal framework, parenting arrangements, and income considerations can streamline the process. By working together collaboratively, parents can ensure fair and appropriate financial support arrangements that genuinely benefit their children.
Pierre Boileau is a family lawyer with Miller Boileau Family Law Group in Edmonton, Alberta. With over three decades of experience, Pierre is committed to continuing to practice at a high level with particular care, interest, and sound judgment. He doesn’t shy away from challenging cases. Pierre’s greatest reward comes from the satisfaction of assisting clients through one of the most challenging experiences of their lives.
If you are going through a divorce and need help, call Pierre Boileau today at 780-482-2888.
Pierre Boileau
Over almost 35 years of practice Pierre Boileau, K.C. has gained experience as a Mediator, Collaborative Family Lawyer, Litigator and now as an Arbitrator. Pierre’s extensive experience has shown him that client satisfaction is maximized when clients have control over their own future. This can best be achieved through interest based negotiation. Only as a last resort, should litigation be considered. When necessary, Pierre relies upon his vast court experience and training.
Pierre remains committed to continuing to practice at a high level with particular care, interest, and sound judgment. He doesn’t shy away from particularly challenging cases. Pierre’s greatest reward comes from the satisfaction of assisting clients through one of the most challenging experiences of their lives.