Introduction
Are you a parent going through a separation or divorce in Calgary? One of the most important and emotionally charged issues to address is child support. It’s crucial to understand the laws surrounding child support payments, how they are calculated, and what options are available if one parent cannot afford to make the payment. In this article, we will cover everything you need to know about child support laws in Calgary so that you can navigate this challenging time with confidence and clarity. Let’s dive in!
The Basics of Child Support in Calgary
Child support is a legal obligation for both parents to financially support their children. In Calgary, child support laws are in place to ensure that the best interests of the child are met. The amount of child support paid depends on various factors such as income, custody arrangements and special needs.
The parent who has primary care and control of the child is entitled to receive financial assistance from the other parent. Child support payments can be used for various expenses including food, clothing, shelter, education and healthcare.
It’s important to note that child support is not just limited to biological parents but also includes step-parents or guardians who have taken on a parental role. Furthermore, child support obligations continue until the age of majority which in Alberta is 18 years old or if they remain dependent due to illness or disability.
Parents can come up with their own agreement regarding how much will be paid but it must fall within the guidelines set by law. If an agreement cannot be reached then a court order will determine how much should be paid based on specific calculations outlined in legislation.
Ultimately, understanding the basics of child support in Calgary is crucial for parents going through separation or divorce as it impacts both parties involved and most importantly -the well-being of their children.
How Child Support is Calculated in Calgary
When it comes to calculating child support in Calgary, there are certain factors that must be taken into consideration. The basic principle is that both parents have a financial obligation towards their children and this obligation should be shared proportionally based on each parent’s income.
The first step in the calculation process is determining the Gross Annual Income of both parents. This includes all sources of income such as employment, self-employment, rental properties, pensions etc. Once this has been established, any allowable deductions such as union dues or employment expenses will also be considered.
After determining the Gross Annual Income of each parent, a Child Support Table will then be used to calculate the base amount of child support owed. The table takes into account how many children need to be supported and the paying parent’s gross annual income.
In addition to the base amount calculated from the Child Support Table, special expenses related to a child’s needs such as daycare costs or medical expenses may also be factored in. These additional expenses are usually split between both parents according to their respective incomes.
It is important for both parties involved to provide accurate information regarding their finances during these calculations so that an appropriate amount can be determined for child support payments. However, if either party disagrees with the result of these calculations they have options available through legal channels for review or adjustment.
What if the Paying Parent Cannot Afford the Child Support Payment?
It is not uncommon for a paying parent to experience financial difficulty and be unable to make child support payments. In such cases, it is important to take appropriate steps to resolve the issue.
The first step would be for the paying parent to communicate with their former partner or spouse and explain their situation. It may be possible to come up with an alternative agreement that takes into account the parent’s current financial circumstances.
If this approach does not work, the paying parent can apply for a variation of the child support order through court. This involves providing evidence of their changed financial circumstances and requesting a reduction in the amount owed.
It is essential that the paying parent does not simply stop making payments without seeking legal advice as this can result in serious consequences including enforcement action by authorities.
If you are struggling financially and cannot afford your child support payment, it is crucial that you take proactive steps towards finding a solution rather than ignoring your obligations.
Enforcement of Child Support Orders in Calgary
Enforcement of Child Support Orders in Calgary can be a complicated and frustrating process, but it is important to ensure that children receive the support they need. If a paying parent fails to make their child support payments as ordered by the court, there are several methods of enforcement available.
One option is wage garnishment, which involves having the child support payment deducted directly from the paying parent’s paycheck. Another option is seizing assets such as bank accounts or property. In extreme cases, a paying parent who refuses to comply with child support orders may face jail time.
It is important for both parents to understand that child support orders must be taken seriously and followed accordingly. Failure to do so not only hurts the children involved but can also result in legal consequences for the non-paying parent.
If you are struggling with receiving your court-ordered child support payments or if you are unable to make these payments due to financial hardship, it is crucial that you seek legal advice from an experienced family lawyer. They can provide guidance on your options and help find solutions that work for all parties involved.
Conclusion
Child support is an essential part of ensuring that children’s needs are met even after a separation or divorce. In Calgary, the law requires parents to financially support their children until they reach adulthood or become self-sufficient. The amount to be paid is calculated based on several factors like the income of both parents and the number of children involved.
In cases where paying child support becomes a challenge for the non-custodial parent, there are options available to review and modify their payment plan. Enforcement mechanisms such as wage garnishments, property liens, or driver’s license suspension can also be used in cases where payments go unpaid.
Understanding child support laws in Calgary is crucial for separating couples with dependent children. Legal counsel should always be sought when dealing with any legal matters involving child support. With this knowledge, families can move forward confidently knowing that their financial obligations towards their children have been taken care of legally and adequately.
