How is child support calculated in Alberta?

Child support is a fundamental aspect of family law in Alberta, designed to ensure that children continue to receive financial support from both parents after separation or divorce. It is the legal obligation of parents to contribute to the costs associated with raising their children, including education, health care, and general well-being. Child support ensures that children can maintain a standard of living comparable to what they would have experienced if their parents had remained together.

In Alberta, child support is calculated primarily based on federal guidelines, which consider the income of the paying parent and the number of children involved. However, the process can become more complex when factors like shared custody, additional expenses, and special circumstances are considered. Understanding how child support is calculated can help parents navigate the process and ensure fair contributions are made for the benefit of their children.

What guidelines are used to calculate child support in Alberta?
Child support in Alberta is calculated based on the Federal Child Support Guidelines, which provide a clear formula for determining how much support is owed. The guidelines take into account the gross annual income of the paying parent and the number of children. Alberta also uses child support tables that outline the amount payable based on income levels, ensuring that calculations are straightforward and consistent.

The guidelines are designed to ensure fairness, but they also offer flexibility in cases where unique circumstances arise. Parents are encouraged to refer to these tables, which are available online, or consult with a family lawyer to better understand their obligations under Alberta law.

How does parenting time affect child support?
Parenting time, or custody arrangements, can significantly affect how child support is calculated. In cases where one parent has primary custody, the non-custodial parent typically pays the full amount of child support based on the federal guidelines. However, if the parents share custody and each has the children for 40% or more of the time, the calculation may change. In such cases, the income of both parents is considered, and a set-off method is used to determine a fair contribution from each side.

In shared custody arrangements, it's important for both parents to be transparent about their financial situations and discuss how the costs of raising their children will be split. Adjustments can also be made based on the specific needs of the children and the parenting schedule.

What are "special or extraordinary expenses"?
In addition to the basic child support obligations, parents may also be required to contribute to "special or extraordinary expenses." These expenses are considered necessary for the child’s well-being and are not covered by the regular child support payments. Common examples include medical and dental costs not covered by insurance, extracurricular activities, daycare, and post-secondary education.
​
The amount paid for these expenses is typically shared between both parents, based on their respective incomes. The goal is to ensure that children are not deprived of opportunities or essential care because of financial limitations. Parents should discuss these costs and factor them into their child support arrangements.

Can child support be adjusted over time?
Yes, child support is not set in stone and can be adjusted as circumstances change. Alberta law allows for modifications to child support payments if there are significant changes in either parent’s income, the needs of the child, or custody arrangements. For example, if the paying parent loses their job or the receiving parent earns significantly more income, either party can request a review of the child support arrangement.
​
It is important to note that changes in child support must be approved by the court. Therefore, if you believe an adjustment is necessary, it's advisable to consult a family lawyer to ensure the changes are properly documented and legally binding.

What happens if child support is not paid?
Failure to pay child support in Alberta can have serious legal consequences. The Alberta Maintenance Enforcement Program (MEP) is responsible for enforcing child support orders and ensuring payments are made on time. If a parent falls behind on payments, the MEP has the authority to take measures such as garnishing wages, seizing assets, or suspending driver’s licenses. It is crucial for parents who are unable to meet their child support obligations to seek legal advice immediately and attempt to modify the support order through the courts, rather than simply stop paying. Ignoring child support responsibilities can lead to escalating legal consequences.

If you need assistance with calculating or modifying child support in Alberta, Salloum & Company is here to help. Our experienced family law team can guide you through the complexities of child support calculations and ensure that your child's best interests are protected. Contact us today for a consultation and let us help you navigate this important aspect of family law.