Best Child Support Lawyers in Lacombe

About Child Support Law in Lacombe, Canada

Child support is a legal obligation for parents to financially contribute to the upbringing and welfare of their child or children. In Lacombe, Alberta, child support laws follow both federal and provincial regulations, primarily outlined in the Federal Child Support Guidelines and Alberta's Family Law Act. Whether parents are separated, divorced, or never married, the non-custodial parent (or the parent who spends less time with the child) is typically required to pay child support to the other parent or caregiver. The goal is to ensure that children's standard of living is maintained despite changes in parental relationships.

Why You May Need a Lawyer

Situations involving child support can be emotionally complex and legally intricate. Engaging a lawyer may be necessary for several reasons:

• Disagreements on the amount of support that should be paid or received.
• Uncertainty regarding income calculation for support purposes, especially with self-employed or variable-income parents.
• Enforcement of support orders if one parent is not paying as required by law.
• Requests for changes or reviews of existing child support agreements or orders due to shifts in circumstances (job loss, change in custody, etc.).
• Establishing parentage for the purpose of support obligations.
• Complex financial matters, such as special or extraordinary expenses (e.g., medical, educational, or extracurricular costs).
• Cross-jurisdictional issues if parents live in different provinces or countries.

A lawyer can help you understand your rights and responsibilities, navigate court processes, and ensure your child's best interests are represented.

Local Laws Overview

Lacombe, as part of Alberta, is governed by both federal and provincial child support laws:

• Federal Child Support Guidelines: These guidelines set out standard methods to calculate support amounts, based largely on the payor parent's income and the number of children.
• Family Law Act (Alberta): This legislation sets out the rights and duties of parents and caregivers within Alberta, including child support obligations and enforcement mechanisms.
• Eligibility: Any parent, guardian, or third party (such as a grandparent or government entity) who has care of a child may be entitled to claim child support from one or both parents.
• Special Expenses: In addition to base support, courts may order parents to share certain "special or extraordinary" expenses, such as medical costs, daycare, or educational programs.
• Enforcement: The Maintenance Enforcement Program (MEP) in Alberta ensures that child support orders are followed. The MEP can collect payments directly from the payor’s wages, seize assets, or take other enforcement actions.
• Modifications: Either parent can apply to change a support order if there are significant changes in circumstances.

Frequently Asked Questions

What is child support?

Child support is the financial contribution that a non-custodial parent pays to help cover the child’s living expenses, ensuring the child's needs are met despite their parents' separation or divorce.

How is child support calculated in Lacombe, Alberta?

Child support is calculated based on the Federal Child Support Guidelines, which factor in the payor parent's gross annual income and the number of children requiring support. The Alberta Child Support Tables provide the specific amounts.

Can child support be changed after it has been set?

Yes. If there is a significant change in circumstances—such as income changes, changes in parenting time, or the needs of the child—either parent can apply to the court to have the support amount changed.

What counts as "special" or "extraordinary" expenses?

Special expenses can include daycare, medical or dental costs not covered by insurance, extracurricular activities, or educational expenses. These are shared by both parents, usually in proportion to their incomes.

Do I still have to pay child support if I do not see my child?

Yes. Child support is a legal right of the child and is not dependent on the parent’s access or visitation. Even if you do not have contact with your child, you are still required to provide financial support.

What happens if my ex refuses to pay child support?

If a parent fails to pay child support, the Maintenance Enforcement Program (MEP) in Alberta can enforce the order by garnishing wages, suspending licenses, seizing assets, or other measures.

How long does child support last?

Generally, child support is payable until the child turns 18. However, support can continue beyond age 18 if the child remains dependent due to full-time schooling, illness, or disability.

Do step-parents have to pay child support?

In some circumstances, if a step-parent has acted "in loco parentis" (in the place of a parent) and meets certain criteria, a court may order them to pay child support.

Is there support available for retroactive payments?

Courts can order retroactive child support if it is determined that support should have been paid in the past but was not. The amount and time period will depend on the specific circumstances.

Can I make a private agreement with the other parent instead of going to court?

Yes, parents can agree on child support privately, but it is advisable to formalize any agreement through a written contract or court order to ensure enforceability, especially if conflicts arise later.

Additional Resources

If you require more information or assistance regarding child support in Lacombe, the following resources may be helpful:

• Alberta Maintenance Enforcement Program (MEP): Assists in the enforcement and collection of court-ordered child support.
• Alberta Justice – Family Law: Provides information on family law, including child support guidelines and processes.
• Legal Aid Alberta: Offers legal assistance to eligible individuals in family law matters, including child support.
• Family Law Information Centres (FLIC): Local centres that provide information and resources for people navigating family law issues.
• Community Legal Clinics: Offer free or low-cost legal guidance for individuals who qualify.
• Canadian Bar Association - Alberta Branch: Offers lawyer referral services and helpful guides on family law topics.

Next Steps

If you are facing a child support issue in Lacombe, here are steps to help you move forward:

1. Gather Documentation: Collect relevant financial records, custody documents, and any existing court orders.
2. Seek Legal Advice: Consider consulting a family lawyer experienced in child support matters in Alberta. If you qualify, explore legal aid or community legal clinics.
3. Access Information: Visit your local Family Law Information Centre or contact government resources for guidance specific to your situation.
4. Try to Negotiate: If appropriate, attempt to communicate with the other parent to discuss support arrangements, but ensure any agreement is formalized for future protection.
5. Apply to Court: If negotiation is not possible or unsuccessful, you may need to file an application with the Alberta Courts for a child support order or a modification of an existing order.
6. Register with MEP: To help enforce and manage child support payments, consider registering your order with the Maintenance Enforcement Program.
7. Follow Up: Keep records of all payments and communications, and seek help promptly if issues arise.

Navigating child support can be complex. Don't hesitate to reach out for legal guidance specific to your circumstances to ensure the best possible outcome for your child.