Child Support Lawyers Edmonton

Child support can be an inevitable source of conflict between parents who are going through a separation or divorce. For this reason, it is important to know that child support is an undeniable right of the child according to Alberta’s child support guidelines. It is always essential for parents who are negotiating child support payments to understand that any money paid is designed for the child.

When it comes to support payments, conflict and confusion can arise. Parents may be uncertain about the amount that needs to be paid for child support, or even how the payor is to be determined. Recent changes to the Divorce Act may further increase this confusion for couples who are separating. 

At Verhaeghe Law, our Edmonton child support lawyers can walk you and your partner through every step of the process. We can help you understand what child support is, who receives it, who pays it, and how responsibility/payments are decided. If you have questions about your situation, get in touch with our legal team today. You can contact our Edmonton office online or call us at (587) 410-2500 to explore your legal options.

What is Child Support?

Child Law states that parents are financially responsible for supporting their dependent children. Child support refers to the money that one parent pays to another parent when they are separated but share a child. Money paid as child support is designed to cover the costs of caring for the child on a day-to-day basis. Generally, the law states that child support is to be paid by the parent who spends the least amount of time with the child. In the event that both parents spend an equal amount of time with the child, the parent with the highest income may still need to pay child support. A parent cannot spend child support money they receive on expenses that are not related or relevant to childcare.

A child is typically said to be dependent, and therefore eligible for child support, until they turn 18. However, age is not the only factor that determines whether your child is still financially dependent. For example, a child may remain dependent after their 18th birthday if they have a disability or chronic illness.

It is important to acknowledge that the definition of a parent who must pay child support is not exclusive to biological parents. Adoptive parents, non-birth parents, and even step-parents may have to make child support payments, depending on their situation. Other elements can also influence payments, such as parenting arrangements, income changes, and sudden changes in the child’s financial dependency.

Which Parent Pays Child Support?

The parent who pays child support is called the payor. Generally, it will be the parent who spends the least amount of cumulative time with the child. As mentioned above, the payor parent doesn’t need to be a birth parent. Individuals who are going through a separation may have to provide financial support for a child even if they are not married to the other parent or are not a birth parent. 

Child Law explains that parents have to provide child support even if: 

• They have other children from another relationship with someone else
• They don’t live with the other parent
• They don’t have an ongoing relationship with the other parent
• They were not married to the other parent

Additionally, the payor parent needs to understand that child support and parenting time (formerly called child access) are two different things. The payor can’t deny child support even if they do not see the child or do not live with the child. For instance, a parent who doesn’t have sufficient parenting time can’t stop their child support payments. Similarly, if a parent fails to make child support payments, it likely will not affect their parenting time. 

There are special circumstances where child support payments can be amended and reviewed by a judge to address sudden changes in the payor’s situation. However, at no point can a parent make unilateral decisions to change child support money for any reason without referring to the court. 

How Much Child Support Do I Need to Pay?

The Government of Canada provides child support tables to calculate the relevant child support amount in terms of monthly payments for a set number of children. Reference monthly amounts are also determined in the Alberta Child Support Guidelines, which calculates the amount to be paid by province. For fairness, the amount can also depend on the gross annual income of the payor parent. 

If you are the payor parent, you will need to provide detailed information about your income. The court will use any of the two following methods to define your gross income (your income before taxes and other deductions):

• They can use your pay stubs for a full year, ensuring they add up all the earnings before deductions. 
• The court can also refer to line 150 of your income tax return or notice of assessment from the CRA (Canada Revenue Agency). 

Further information about your income can be provided using: 

• Financial statements from any business you own
• Proof of income from a trust organization 
• Relevant statements from worker’s compensation, pension, social assistance, employment insurance, and even disability payments
• And more

Another parent may become suspicious if the information you provide doesn’t show the whole picture of the income you make. A parent who suspects the payor of avoiding paying child support can ask the judge to impute income. When this happens, the judge will decide on what the payor earns or is able to earn with consideration to their work history, education, job opportunities, lifestyle, and past income. This can happen when the payor parent actively attempts to provide false information regarding their income by: 

• Not actively looking for employment
• Not reporting all their income
• Knowingly sharing false information 
• Being intentionally underemployed
• Working for cash
• And more

Why Should I Work With an Edmonton Child Support Lawyer?

Whether you are seeking support, negotiating payments, or modifying an existing agreement, the legal experience of a child support lawyer ensures that your rights and your child’s best interests are protected. At Verhaeghe Law, our child support lawyers in Edmonton can offer you assistance with:

• Understanding Child Support Laws: Alberta’s child support laws can be intricate, especially with variations in income, parenting time arrangements, and other factors. A knowledgeable lawyer will help you understand your obligations and entitlements under the law.
• Accurate Calculations: Determining the correct amount of child support is crucial to avoid disputes. Our lawyers will use government guidelines, taking into account the payor’s income, number of children, and additional expenses like education, medical costs, and extracurricular activities.
• Modifications and Enforcement: Life changes, such as job loss, income fluctuation, or changes in parenting time, may require child support modifications. Our Edmonton child support lawyers can help you make these adjustments or pursue their enforcement if another parent is not complying with a court order.

At Verhaeghe Law, our Edmonton child support lawyers are dedicated to helping you arrange fair, reasonable, and enforceable child support payments. Whether you are establishing an agreement or modifying an existing one, our team is here to provide guidance tailored to your situation.

Contact Our Edmonton Child Support Lawyers Now

At Verhaeghe Law, our legal team has acted as lead counsel on numerous child support disputes. Our top priority is always your child’s best interests. To book a consultation with our lawyers, you can call our Edmonton office at (587) 410-2500. You can also contact us by emailing us, filling out an online form, or starting a live chat to book your consultation. 

We aim to resolve family law disputes in a timely and cost-effective manner. Don’t delay – contact our Edmonton law firm now for legal assistance and let us put our experience to work for you.