One of the questions we often get asked is who must pay child support. Child support must usually be paid by the parent who has less parenting time with the child to the parent or guardian who lives most of the time with the child. Alternatively, child support must be paid by the non-custodial parent to the custodial parent or guardian who is primarily responsible for the child.

A custodial parent is the parent with whom a child lives for the majority of the time after a divorce or separation. This parent is primarily responsible for the day-to-day care and upbringing of the child. They typically make everyday decisions regarding the child’s life and wellbeing, including aspects like the child’s daily routine, schooling, and health care. A non-custodial parent may have visitation rights and is usually required to contribute to the child’s welfare through child support payments. Parents may also share legal child custody, meaning both have a say in major decisions about the child’s life.

This child support obligation applies to all parents, regardless of their marital status at the time of the child’s birth or whether they have lived with the child. It includes biological parents, adoptive parents, and, in some cases, step-parents who have stood in the place of a parent. The fundamental principle is that financial support for children is a legal duty, not a choice, and it transcends the relationship between the parents.

How much child support must be paid depends on several factors. A family lawyer who specializes in child support will consider your case and use special rules and formulas to do the calculations.

Child support payments typically continue until the child reaches the age of majority, which is 18 years in Alberta. However, support may extend beyond this age if the child is unable to become self-supporting due to illness, disability, or other reasons, such as pursuing full-time education. The specific duration of support is often detailed in the child support order or agreement, with provisions for re-evaluation as circumstances change.

To initiate a child support order in Alberta, the parent must file an application with the court, providing detailed information about both parents’ finances, the child’s needs, and the custody arrangement. This process can be complex and may require various forms of documentation and evidence. Provincial services and resources are available to assist parents in navigating this process. Our child support lawyers can help you navigate the process and make it smooth and stress-free.

Child support payments in Alberta are designed to be flexible, allowing for adjustments based on significant changes in the financial circumstances of either parent or the child’s needs. This adaptability is crucial for maintaining fairness and ensuring that child support reflects current realities. For instance, modifications may be needed due to a parent’s change in income or employment status or because of shifts in the child’s living expenses.

To facilitate these adjustments without the need for court intervention, Alberta provides the Child Support Recalculation Program (CSRP). This program offers a streamlined process for the annual recalibration of child support amounts based on the latest tax return information, ensuring payments remain equitable over time.

The CSRP serves both custodial and non-custodial parents by simplifying the recalculation process, thereby minimizing conflicts and legal expenses. It requires that child support orders align with the Federal Child Support Guidelines and that at least one parent lives in Alberta. Enrollment in the program can be either voluntary or mandated by a court order.

Participants must provide their most recent tax information each year to recalculate support payments. For situations not covered by the CSRP, such as adjustments due to changes in the child’s residence or extraordinary expenses, parents can pursue a court-ordered modification by proving the necessity of the adjustment. This dual approach ensures that child support arrangements can evolve in response to changing financial conditions, prioritizing the child’s welfare.

Whether you are a custodial parent or not, our experienced and highly knowledgeable child support lawyers offer invaluable assistance by guiding you through the complexities of establishing, modifying, and enforcing child support arrangements. We provide sound advice on federal and provincial laws, accurately calculating support payments and negotiating agreements outside of court for quicker, less stressful resolutions.

We also handle adjustments to support orders due to financial changes or shifts in the child’s needs and tackle non-payment issues through legal enforcement actions like the maintenance enforcement program.

Beyond the tangible legal services, our child support lawyers give you peace of mind, taking on the burden of legal proceedings and ensuring that child support agreements are fair, legally compliant, and focused on the child’s well-being, all while allowing you as parents to concentrate on what matters most – your children.