When parents decide to get separated or divorced, children fall into great devastation about which parent they should live with. Again parents also face problems about how to maintain the children alone. For this dilemma, the Child Support Guideline in Alberta decides an amount for child support that both parents need to pay for their children.
This article attempts to answer what child support covers in Alberta and other child support Alberta questions you might ask for. So, let’s read and learn.
What Is The Average Child Support Payment in Alberta?
Child support payment in Alberta varies from couple to couple. It varies depending upon the parenting time, meaning how parents arrange their parenting time among themselves.
In the case of split parenting, which involves the separation of children and their parents, the child support amount is different.
For example, if you have three children and while getting separated, if you decide one child to live with you, then the higher portion of two children support will go over your partner’s shoulder. If your annual income is $72,000, you have to pay for two children living with another parent $400 monthly.
Similarly, your partner would need to pay for the child living with you as well. If her income is $23,000 per year, she should pay $160 for that child per month.
Alberta federal guideline explains different child support amounts based on parenting time. That means, if you and your partner follow shared parenting time for your children, then you have to pay differently than before. If your partner gives more time to your children, you might have to pay a bit more for children’s support.
Again, if your income is over $150,000 per year, there might be issues calculating child support amounts in Alberta. Suppose your annual income is $175,000 – for one child, you need to pay $1318 monthly.
For more children, you have to multiply the amount or add the same amount per child.
Can You Waive Child Support in Alberta?
Simply, NO.
According to child support Alberta laws, child support implies an amount paid by the parents for their children. Guideline for child support calculation Alberta says that no parent can waive their portion of child support if it remains due or unpaid.
Nor even they can deny paying that. If so, the court might take action against that parent.
There is a difference in child support calculation guidelines between married and unmarried couples. That means how much the Family Act decides child support in Alberta for unmarried parents.
On the other hand, in the case of the married parents, while separating or divorcing, Federal Divorce Act handles that child support issue. But in some cases, the child support amount is dealt with by the same Federal guideline in Alberta.
Actually, the main concern in calculating child support is whether children’s rights are preserved properly. No parent should have any intentions to waive child support as it gets decided only for the betterment of the children, nothing else. It is mandatory. No matter the parent is divorced or separated, they must pay the child support in due time.
Can Parents Agree to No Child Support in Alberta?
In Alberta, the cases of separation, divorce, child custody, child support are common scenarios nowadays. Couples who can not stay together further wish to get separated first and then divorced, in some cases direct divorce. Then comes the question of child support. It is the amount that the parents pay every month only for their child’s future and overall growth.
Both Alberta and Federal child support guidelines almost make parents legally bound to pay child support and decide a handsome amount depending upon their income and other issues.
When parents are getting separated, there is no chance for parents to say no to child support. But if the parents do not like or can not agree to the child support amount decided, they can go for further judgment by asking decision to another judge, but can never agree to no child support.
At What Age in Alberta Can a Child Choose Which Parent to Live With?
It depends upon the situation. Generally, when parents get separated or divorced, children also lose their right to live with both parents together. They must live with only one parent, either mother or father.
In most cases, the court takes this decision of choosing parents for children. While deciding, the court reviews both parents’ background history, their relationship and involvement with their children, and whether they have any abusive records or not. The court also sees whether the parent is safe for the children both physically and mentally.
Normally, the court does not ask the children their opinions on which parent they want to live with. If the situation demands so, then the court might ask the children. But the condition is that the court will ask for an opinion of a child only if s/he is twelve years old or above.
A child under twelve years old is too little to give the right opinion. Maybe in some cases, the court might ask opinions from an under twelve years old child. It completely depends upon the situation and the emotional stability and maturity of the child.
But the judge doesn’t need to take the child’s opinion blindly. The judge will listen and make a further logical determination on it and give the actual result.
How Far Back Can Child Support Be Claimed in Alberta?
Three years.
In Alberta, parents can go at best three years back and claim child support, known as retroactive child support.
For retroactive child support, the Supreme Court decides that any parent can go back three years for a child support claim, and this decision gets set out by the Child Support Law of Alberta. This has been decided based on the financial disclosure of the parents.
To claim retroactive child support, parents must fulfill at least four criteria. Otherwise, the court might not give permission or grant the application. The criteria include:
- Delay: You must show a valid reason why you are late to claim retroactive child support.
- Prejudice: Whether this retroactive child support payment would create any financial problem for the parents or not.
- Blameworthy conduct: If the paying parents have done something to prevent the custodial parent from claiming child support or not.
- Hardship: Whether the children have suffered a lot for not getting their support in time.
All these approaches altogether are known as a holistic approach. Parents who claim rcontaetroactive child support must have to meet the criteria properly.
Conclusion
Finally, we sum up our discussion here. Probably now you are clear about all your child support Alberta questions, right? Basically, child support is easy when you and your partner agree to pay the amount duly.
But if not, there might have lots of legal issues you need to face. As a responsible parent, you must pay child support in time for the betterment of your child.
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