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Mosquito Creek Law Office

Mosquito Creek Law Office

Nanton, Canada

Founded in 1982
English
Mosquito Creek Law Office, formerly known as Gordon & McLeod Law Office, has been a cornerstone of the Nanton, Alberta community for over 40 years. The firm offers a comprehensive range of legal services tailored to meet the needs of individuals, families, and businesses. Their areas of practice...
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About Child Support Law in Nanton, Canada

Child support in Nanton, Alberta, falls under both federal and provincial legislation. The main goal of child support is to ensure that children continue to receive financial support from both parents after a separation or divorce. Child support is typically paid by the parent who does not have primary custody or care of the child to the custodial parent, ensuring the well-being of the child. In Canada, child support amounts are largely determined by the Federal Child Support Guidelines, which set out the rules and payment tables based on income, number of children, and other factors.

Why You May Need a Lawyer

There are many scenarios where seeking legal advice or representation regarding child support is beneficial:

  • Experiencing disagreement about how much should be paid in child support.
  • Needing to establish, change, or enforce a child support order or agreement.
  • Suspecting a parent is not fully disclosing their income.
  • Parenting arrangements are complex, involving shared or split custody.
  • One parent lives outside Alberta or even outside Canada.
  • A parent is not making child support payments as required.
  • Assistance is needed in navigating court applications and family law procedures.
  • Clarification is needed regarding special or extraordinary expenses, such as medical or educational costs.

A family law lawyer can guide you through the legal process, help you understand your rights, and represent you in negotiations or court if necessary.

Local Laws Overview

In Nanton, Alberta, child support is governed by both the Federal Divorce Act (for married couples who divorce) and the Alberta Family Law Act (for unmarried or common-law couples, or married couples who separate but do not divorce). Here are some key aspects:

  • Federal Child Support Guidelines: Used to calculate the amount of support, based primarily on the paying parent's gross annual income and the number of children.
  • Special Expenses: Some costs, like day care, medical expenses, or extracurricular activities, may be added to the base support and shared proportionately by both parents.
  • Enforcement: Alberta's Maintenance Enforcement Program (MEP) can help collect and enforce child support payments.
  • Changing Support: Child support orders can be reviewed and altered if there is a significant change in circumstances, such as a change in income or custody arrangements.
  • Jurisdiction: Orders made in another province or country can sometimes be enforced or altered in Alberta, provided certain criteria are met.

Frequently Asked Questions

What is child support?

Child support is a legal obligation for a parent to contribute financially to their child's upbringing following a separation or divorce. It covers basic expenses such as food, shelter, clothing, and sometimes special expenses like education or medical costs.

How is child support calculated in Nanton, Alberta?

Child support is mainly calculated using the Federal Child Support Guidelines, which use the paying parent's income and the number of children as the primary criteria. Additional expenses may be considered on a case-by-case basis.

Can parents make their own child support agreement?

Yes, parents can agree on a child support arrangement, but it must meet or exceed the minimum amount determined by the federal guidelines. Such agreements are enforceable if filed with the court.

What happens if the paying parent’s income changes?

If there is a significant change in income or other circumstances, either parent may apply to the court to have the child support amount reviewed and possibly changed.

What is the Maintenance Enforcement Program (MEP)?

The Maintenance Enforcement Program is a provincial government service that helps parents collect and enforce child support and spousal support orders. If payments are not made, the MEP can take action to recover the owed support.

What if the paying parent lives outside of Alberta?

Alberta can enforce or adjust child support orders even if the paying parent lives in another province or country, provided there are reciprocal agreements in place between jurisdictions.

Do I need a lawyer to apply for child support?

While you are not legally required to have a lawyer, having legal advice can be very helpful, especially in complex cases. Lawyers can help you navigate the process, ensure that you are treated fairly, and represent you in court if necessary.

Can child support cover extra expenses, like daycare or medical costs?

Yes. Special or extraordinary expenses—such as daycare, medical, dental, or educational costs—may be added to the basic child support amount and shared between parents.

How long does child support last?

Child support usually continues until the child turns 18. Support may continue beyond this age if the child is still dependent, for example, attending post-secondary education or unable to be self-supporting because of a disability.

What if the other parent does not pay child support?

If a parent is not paying support as ordered, you can contact the Maintenance Enforcement Program, which has legal authority to collect payments through wage garnishment, suspension of licenses, or other enforcement actions.

Additional Resources

Here are some useful resources and organizations that can assist with child support issues in Nanton, Alberta:

  • Alberta Maintenance Enforcement Program (MEP): Provides enforcement services for child support orders and agreements.
  • Family Justice Services: Offers information, mediation, and parenting after separation courses to help families resolve disputes.
  • Legal Aid Alberta: Offers affordable legal advice and representation to eligible individuals.
  • Government of Alberta Family Law Information Centres: Provides guidance and court form assistance for family law matters.
  • Local Community Legal Clinics: Deliver free or low-cost legal advice on family law matters.

Next Steps

If you are seeking legal advice or assistance regarding child support in Nanton, consider the following steps:

  1. Gather relevant documents, such as income records, custody agreements, and any previous court orders.
  2. Consider contacting local resources such as the Family Law Information Centre or Legal Aid Alberta for preliminary advice.
  3. If you and the other parent can communicate, attempt to resolve the issue amicably or through mediation.
  4. If an agreement cannot be reached, consult with a family law lawyer who practices in the Nanton area for advice or representation.
  5. If you have an existing order that is not being met, register with the Maintenance Enforcement Program for help in enforcing payment.
  6. Prepare to attend mediation or court hearings, if necessary, to resolve disputed issues and ensure the best interests of your child are met.

Seeking knowledge and the right help is the first step toward ensuring your child’s financial and emotional well-being. Local legal professionals and government services can provide valuable support every step of the way.

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Disclaimer:
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. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.