About Child Support Law in Calgary, Canada
Child Support Law in Calgary, Canada is governed by both the provincial and federal guidelines. These laws aim to ensure that children continue to benefit from the financial means of both parents after a separation or divorce. Child support is typically paid by the non-custodial parent to the custodial parent to assist with the cost of raising the child.
Why You May Need a Lawyer
A lawyer specializing in child support can guide you through the technicalities of the law and the complexities of your case. This could be particularly beneficial if you or your ex-spouse's financial circumstances have changed, if the custodial status changes, or in cases involving child relocation or paternity disputes. A lawyer can also assist in situations where the child support orders need to be enforced, modified or terminated.
Local Laws Overview
The Federal Child Support Guidelines in Canada apply if the parents live in different provinces or if they are divorcing. The Alberta Child Support Guidelines apply to parents who are separating but are not divorcing. Factors such as income of parents, the number of children, and the residency of the children are taken into account when calculating child support. Additionally, section 7 of the guidelines outlines special or extraordinary expenses such as childcare, school, or health-related costs which may be shared between the parents.
Frequently Asked Questions
1. Can child support agreements be changed?
Yes, child support arrangements can be changed if there are significant changes in the circumstances of the child or either parent.
2. What happens if child support is not paid?
The Maintenance Enforcement Program (MEP) in Alberta is responsible for enforcing child support orders and can apply various enforcement actions if payments are not made.
3. Who determines child support amounts in Calgary?
While Judges and Justice of the Peace make the decisions on child support, lawyers, mediators, arbitrators, and parenting coordinators can also assist in coming to an agreement.
4. Can divorced parents share child support equally?
Shared custody situations - where a child spends at least 40% time with each parent - have specific rules for child support, where both parents' incomes and the costs of raising a child are taken into account.
5. Is there a specific age when child support ends in Calgary?
Generally, child support is payable until the child turns 18, unless they are unable to support themselves due to illness or disability, or are still pursuing their education.
Additional Resources
The Alberta Courts and Alberta Justice and Solicitor General websites offer a wealth of information on child support guidelines, processes, and useful resources. The Federal Department of Justice also offers an online Child Support Calculator for general estimations.
Next Steps
If you need legal assistance with child support in Calgary, look for a lawyer who specializes in family law and ideally, has experience in child support cases. It can also be helpful to gather financial documents such as tax returns, pay stubs and other records of income as these will be necessary in calculating child support.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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