Best Child Support Lawyers in St. Albert

About Child Support Law in St. Albert, Canada

Child support is a legal obligation for parents to financially support their children, regardless of the parents' relationship status. In St. Albert, Alberta, child support laws follow federal and provincial guidelines, primarily the Federal Child Support Guidelines under the Divorce Act and the Family Law Act of Alberta. Child support aims to ensure that children benefit from the financial means of both parents after separation or divorce. The law focuses on the best interests of the child, prioritizing their right to support for basic needs such as food, shelter, education, and healthcare.

Why You May Need a Lawyer

Seeking the help of a lawyer in matters of child support can be essential for several reasons:

• You are unsure about your legal rights or obligations regarding child support.
• There is a dispute about the child support amount or payment schedule.
• Your former partner is refusing to pay or is inconsistently paying child support.
• You need assistance modifying an existing child support order due to changes in income, employment, or family arrangements.
• There are concerns about the child’s paternity or who is legally responsible for support.
• You need help interpreting or enforcing support orders, especially if either party lives outside Alberta.
• There are questions regarding special or extraordinary expenses (e.g., medical care, education, activities) in addition to base child support payments.

Navigating child support laws can be complex, particularly when dealing with changing financial circumstances, blended families, or enforcement issues. A lawyer with experience in Alberta's family law can offer advice, help draft or modify support agreements, and represent your interests in court if needed.

Local Laws Overview

St. Albert is subject to Alberta’s provincial laws and federal guidelines for child support. Key aspects include:

• Determining Child Support Amounts: Most often, support amounts are determined by the Federal Child Support Guidelines. These are based primarily on the paying parent’s gross annual income and the number of children requiring support.
• Additional Expenses: The court may order additional payments (called "section 7 expenses") for costs such as medical care, educational needs, extracurricular activities, and daycare. These are usually shared in proportion to each parent’s income.
• Age limits for Support: Child support generally continues until age 18, but can extend if the child is still dependent due to school or disability.
• Enforcement: Alberta’s Maintenance Enforcement Program (MEP) helps enforce support orders and agreements. If a parent fails to pay, the MEP can take steps such as garnishing wages or suspending licenses.
• Modification of Orders: Support orders can be reviewed if there is a significant change in circumstances, such as income loss or a child’s independence.
• Multiple Jurisdictions: If parents live in different provinces or countries, Alberta works with other governments to ensure support is paid.

Frequently Asked Questions

What is child support and who is required to pay it?

Child support is regular financial payments made by one parent to the other for the benefit of their child or children after separation or divorce. Both legal parents, whether married or unmarried, may be responsible for paying child support.

How is the amount of child support determined?

The amount is usually determined using the Federal Child Support Guidelines, based on the payor's income and the number of children. The court can order higher or lower amounts in exceptional cases.

What if the paying parent loses their job or their income changes?

If there is a significant change in circumstances, either parent can apply to the court to have the support order reviewed and potentially changed. It's important to act quickly and keep records of your financial situation.

How long does child support last in Alberta?

Generally, child support continues until the child turns 18. However, it may be extended if the child is still dependent (for example, attending post-secondary school or due to disability).

Can child support cover costs beyond basic necessities?

Yes. Besides the basic monthly amount, additional support can be ordered for special or extraordinary expenses, such as medical/dental costs, education, or recreational activities.

What can I do if the other parent is not paying child support?

You can register your support order or agreement with the Alberta Maintenance Enforcement Program (MEP), which has the authority to enforce payment in various ways, like garnishing wages.

Do I need a court order to receive child support?

While you can have a private agreement, a court order or formal agreement is recommended as it is enforceable by law, especially through the MEP.

Do I still have to pay child support if the other parent remarries?

Yes. Your obligation to pay child support does not end if the custodial parent remarries or enters into a new relationship.

Can child support be arranged without going to court?

Yes. Many parents come to an agreement outside of court, sometimes with help from mediators or lawyers. However, making it official through a court order is recommended for enforcement purposes.

Is child support tax deductible or taxable in Canada?

No. Regular child support payments are neither tax deductible for the payer nor considered taxable income for the recipient.

Additional Resources

If you need more information or support regarding child support in St. Albert, the following resources can be helpful:

• Alberta Justice and Solicitor General - Family Law: Provides comprehensive information about family law in Alberta, including child support, forms, and instructions.
• Maintenance Enforcement Program (MEP): Helps enforce child and spousal support orders in Alberta.
• Family Justice Services (FJS): Offers mediation, information, and support for people involved in family law matters.
• Legal Aid Alberta: Provides legal assistance to those who qualify based on income.
• Law Society of Alberta – Lawyer Referral Service: Can help you find a family law lawyer in your area.
• St. Albert Community Legal Clinic: May offer basic legal advice and guidance, often at low or no cost.

Next Steps

If you’re considering seeking legal help for a child support matter in St. Albert, you can take the following steps:

1. Gather all relevant financial documents for both parents (pay stubs, tax returns, proof of expenses) and any existing agreements or court orders.
2. Contact local resources, such as a community legal clinic or the Law Society of Alberta, to get preliminary advice or referrals to family law lawyers.
3. Schedule a consultation with a family law lawyer in St. Albert or nearby. Many lawyers offer initial consultations to discuss your case and options.
4. Consider alternative dispute resolution methods, such as mediation through Family Justice Services, if possible.
5. If you cannot afford a lawyer, check your eligibility for Legal Aid Alberta or seek support from the St. Albert Community Legal Clinic.
6. For matters of enforcement, contact the Maintenance Enforcement Program to register your order or agreement if payments are not being made.

It is important to act promptly in child support matters to ensure the best interests of your children are met and to avoid complications down the line. Professional legal advice can help you understand your obligations and protect your and your child’s rights.