In Alberta, child support is treated as the right of the child, not the parent who receives the money. Parents have a legal obligation to financially support their children, and arrears occur when payments ordered in an agreement or court order are missed or only partly paid.
Child support amounts are often based on the Federal Child Support Guidelines, which set out tables for each province, including Alberta. Once support is ordered, it usually continues to accrue until the order is changed by the court or by a proper variation process. You cannot simply stop paying because your situation has changed.
How Alberta’s Maintenance Enforcement Program Helps
Many support orders in Alberta are enforced through the Maintenance Enforcement Program, a free government program that collects and enforces child and spousal support. The Maintenance Enforcement Program can track payments, add interest on arrears, garnish wages, intercept federal payments, and in serious cases even suspend licences or initiate further enforcement.
Registering your child support order or agreement with MEP does not replace legal advice. It gives you an enforcement tool, but the program cannot change the amount of support or give you legal representation.
What to Do if You Are Owed Child Support Arrears
If payments from the paying parent have fallen behind, it can be stressful and disruptive for you and your children. Practical steps may include:
- Keeping a clear record of what was paid, when, and what is outstanding
- Registering your order or agreement with the Maintenance Enforcement Program if you have not already
- Reviewing whether the amount in your order still reflects the payor’s current income
- Speaking with an Edmonton child support lawyer about enforcement options, negotiations or possible retroactive support
The Centre for Public Legal Education Alberta has helpful public information on collecting child support, including the role of MEP.
What to Do if You Owe Child Support Arrears
If you are behind on payments, ignoring the situation often makes things worse. Interest can add up quickly, and MEP has strong enforcement tools, including wage garnishment and other collection options.
You may wish to:
- Continue making whatever payments you reasonably can, even if you cannot clear the full arrears right away
- Talk with the other parent or with MEP about a realistic repayment plan
- Consider whether a formal variation of your support order is needed if your income has changed significantly
In Alberta, changing the amount of support usually requires a court variation based on a “change of circumstances,” such as job loss or a significant income decrease. The Government of Alberta’s family law legislation page and our article on applying for a variance in child support in Alberta explain how variations work in further detail.
Talk To An Edmonton Child Support Lawyer About Arrears
Child support arrears can quickly affect your credit, licenses, and day-to-day finances. Whether you are owed money or you have fallen behind, getting early advice from an experienced family lawyer can help you understand your options and decide on a strategy that fits your situation.
The team at Verhaeghe Law Office offers experienced Edmonton family lawyers who can help with child support, enforcement, and variations. To discuss your situation, contact us online or call our Edmonton office at (587) 410-2500 to book a consultation.
Please note that the information in this article does not constitute legal advice. It is intended as a general overview of an area of family law. For legal advice, please consult with a lawyer.