Prioritize Your Children As You Navigate Through Difficult Family Circumstances
At McLean Legal Family Lawyers, as a Calgary child support lawyer, we are here to help you and your children. Child support is payable when one parent makes monthly payments to the parent who has the majority of the parenting time to ensure that the child’s necessities of life are covered and their pre-seperation standard of living remains the same. We will ensure that parents live up to their legal responsibility to support their children financially after they separate or divorce.
Basic Child Support
The parent responsible for paying child support is called the “payor”, and the parent receiving the child support is named the “recipient”. The payor is responsible for paying basic child support on a monthly basis, which is based on tables called the Federal Child Support Guidelines.
Section 7 & Extraordinary Expenses
Many expenses are outside the bracket of basic child support and are called section 7 or “extraordinary” expenses. Either parent may incur these expenses, but they are shared financially between them, based on a percentage of their total income. These section 7 expenses are permitted if they are both reasonable and affordable. The Court determines the validity of these expenses when parents disagree.
The number of children in the Recipient’s care, both parents’ annual income, and the parenting arrangements for the children are key factors that affect child support payments. Other factors include what section 7 or extraordinary expenses are incurred and any parenting agreement or Court Orders. The amount of child support is typically set according to the Federal Child Support Guidelines.
A parenting agreement defines how parenting time with their children will be divided between them and a summary of parental responsibilities. Parenting agreements should always be made with the best interests of the children in mind. It can include sole child custody, shared or joint parenting. Your parenting agreement impacts the amount of child support payable from one parent to the other.
Child support is an essential factor in any divorce and separation. To prove your eligibility for child support, you will need to gather financial documents and discuss them and your particular family circumstances with one of our family law lawyers. While this process might be time consuming, we can assist you by guiding you through the process.
Each parent must disclose their financial information to the other. Child support in Alberta is calculated by using the Federal Child Support Guidelines. It can be difficult to determine the exact amount payable as many issues can arise, including eligibility, section 7 & extraordinary expenses and hardship claims. Our child support lawyers can help you determine how much you’ll receive or pay.
Children have a right to receive support until they reach 18 years old. If a child is over the age of majority, they may still receive child support, depending on their circumstances. This can include attending post-secondary education or if they have an illness or disability that affects their livelihood.
No. Child support is for the benefit of the children, while spousal support is for the spouse or partner’s benefit. Child support always takes precedence over spousal support or partner support. If there are not sufficient funds available after paying child support, the spouse or partner may not receive any support at all.
Undue hardship occurs when a parent cannot pay the amount established by the Court or parenting agreement; as doing so will put the parent into financial hardship. Situations can include having an unusually high level of family debt before the separation or payable support to other people. If this is the case, then the paying parent must provide the Court with financial proof, including income and expenses, and the standards of living in each household, in order for it to make a decision.
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