Child Support is governed by the Federal Child Support Guidelines or for parties initiating proceedings under the Family Law Act, the Alberta Child Support Guidelines.
The residence of the Children of the Marriage (or the relationship if the parties are not married) and the Income of the Parties are key in defining how much and for how long base Child Support should be payable.
In addition to base child support, parties may also be responsible for their proportionate share of section 7 expenses, which are usually defined as:
- Extraordinary extracurricular activities;
- Extraordinary school-related expenses;
- Post-secondary expenses;
- Child care expenses;
- Medical and dental premiums;
- Medical expenses exceeding $100.00 per annum, over health insurance.
Child support may be varied upon a change in income or the residence of the children. There are many deviations and issues which may give rise to an amount other than the amount outlined in the Child Support Guidelines to be ordered. These include:
- The true income of the parties;
- The validity of section 7 expenses;
- Undue hardship claims;
- Shared parenting and split parenting arrangements;
- Incomes over $150,000.00;
- Adult children of the marriage;
Our legal team has extensive experience in securing and varying child support for our clients.
Calgary Family Lawyers & Mediators
Retroactive Child Support
The Mother and the Father were married in 1997 and a Divorce Judgment was granted in July of 2007. The Father had been served with the Statement of Claim for Divorce but failed to respond. The Divorce Judgment gave the Mother sole custody of the parties’ 3 children and permitted her to relocate to Australia with the children…