Anaya Nolan
In Alberta, common-law relationships are formally referred to as adult interdependent partnerships. The Federal Child Support Guidelines (FCSG) and Alberta Child Support Guidelines (ACSG) are the governing legislation for child support. The ACSG is used for common-law couples and sets out child support payments according to the number of children claiming support and the income level of the parents. Child support orders can significantly impact parents' finances and their relationships with their children. Parents who act in place of a parent, such as stepparents, may also have a child support obligation. The amount of time a child spends with a parent also affects the amount of child support paid. If parents cannot agree on the amount, they can ask a judge to decide, who will consider the family's situation and determine whether direct payment is appropriate.
| Characteristics | Values |
|---|---|
| Applicable laws | Federal Child Support Guidelines (FCSG) for married couples, Alberta Child Support Guidelines (ACSG) for common-law couples |
| What it covers | Basic expenses (food, clothing, shelter), Special and extraordinary expenses (health, education) |
| Who it applies to | Children under the age of majority, children over 18 unable to be independent due to illness, disability, or other causes |
| Obligation | Biological parents, stepparents who have been acting as parents, or other guardians |
| Amount | Determined by the number of children and income level of parents, can be decided by a judge if parents disagree |
| End of support | When a child reaches the age of majority and is no longer a full-time student, or at 22; can end earlier if the child is no longer under the care and control of parents |
| Modification | Can be changed retrospectively or prospectively by application to a court due to changed circumstances or new evidence |
| Common-law relationships | Formally known as "adult interdependent partnerships" in Alberta |
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What You'll Learn
Child support payments for common-law couples in Alberta
Child support payments are a significant aspect of family law in Alberta, impacting both married and common-law couples. The applicable laws and guidelines for child support in Alberta vary depending on the marital status and specific circumstances of the parents.
For married couples who are seeking a divorce, the federal Divorce Act governs issues related to child support, custody, and spousal support. This Act applies across Canada and provides a consistent framework for determining child support obligations during the divorce process.
On the other hand, common-law relationships in Alberta are legally recognised as "adult interdependent partnerships" under the Adult Interdependent Relationships Act. When it comes to child support for common-law couples, the Alberta Child Support Guidelines (ACSG) come into play. These guidelines are designed to ensure uniformity in calculating child support across the province, regardless of the nature of the parents' relationship.
The ACSG takes into account factors such as the number of children claiming support and the income level of the parents. It covers two main categories of expenses: basic expenses, including food, clothing, and shelter for the child; and special or extraordinary expenses, known as "section 7 expenses," which cover areas like healthcare, counselling, and educational needs.
The amount of time a child spends with each parent also influences child support payments. If a child spends more than 60% of their time with one parent, that parent is considered to have "sole custody" for calculating child support, although this differs from sole custody in terms of legal decision-making. Additionally, in the case of stepparents or other caregivers who have acted "in place of a parent," the court may impose child support obligations on them as well, taking into account the support provided by the child's biological parents.
It's important to note that child support orders can be modified or varied retrospectively or prospectively by applying to a court, especially if there is a significant change in circumstances or new evidence becomes available. The standard of living of both households may also be compared to determine if adjustments to child support are necessary.
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Child support orders
Guidelines for Child Support Orders
In Alberta, the governing legislation for child support differs depending on the marital status of the parents. The Federal Child Support Guidelines (FCSG) apply to married couples, while the Alberta Child Support Guidelines (ACSG) are used for common-law couples. These guidelines set the amount of child support payable based on the number of children claiming support and the income level of the parents. This ensures that all children in the same province with similar parental incomes receive equal support.
Factors Affecting Child Support Orders
When determining child support orders, various factors are considered to protect the child's best interests. Firstly, the judge considers the child's physical, psychological, and emotional safety. Additionally, factors such as the standard of living in both households are compared to assess the financial situation of the parents. The amount of time a child spends with each parent also impacts the calculation, with sole custody being granted if the child spends more than 60% of their time with one parent.
Termination and Modification of Child Support Orders
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Child support for adult children
In Alberta, child support for adult children is determined by the Divorce Act and the Federal Child Support Guidelines, as well as the Family Law Act and the Alberta Child Support Guidelines, which are very similar to the federal guidelines. According to the Divorce Act, child support is payable for a "child of the marriage" or a "child" as defined by the Family Law Act in Alberta. This includes children who are under the age of majority and have not withdrawn from their parents' care, as well as those who are over the age of majority but are unable to withdraw from their parents' care due to illness, disability, or other reasons.
The complexity of determining child support for adult children arises from their diverse situations, the varying costs of education, and the need to assess each parent's financial capacity and job prospects. Unlike younger children, adult children have different needs and costs, making a standardized approach impractical. Education costs, including tuition, books, and living expenses, can vary significantly, and figuring out a fair amount from each parent requires a careful examination of the specific circumstances of the adult child and the parents' financial situations.
Changes in circumstances over time, such as income, work, or education, further add to the difficulty of adjusting child support arrangements. The legal process itself can be emotionally challenging, and disagreements between parents may lead to legal action, making it harder to find a solution that satisfies all parties. Given these complexities, it is important for individuals to seek help from legal professionals, such as family law lawyers who are well-versed in Alberta's laws and can provide guidance through the unique circumstances of each case.
In Alberta, child support matters related to post-secondary education for children over the age of 18 can be intricate. The Farden factors, derived from the case Farden v. Farden (1993), serve as essential criteria for determining child support for an adult child who remains in the care of a parent while engaging in full-time post-secondary studies. The court analyzes factors such as whether the adult child is enrolled in full-time or part-time studies and the nature of their enrollment. Additionally, changes enacted under Alberta's Family Statutes Amendment Act (FSAA) in December 2018 expanded the ability to make claims for child support for adult dependent children to couples who were never married. Previously, this was limited to married couples under the federal Divorce Act.
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Stepparents and child support
In Alberta, stepparents can be held responsible for child support payments, even if the child's biological parents are also providing financial support. This obligation arises when a stepparent is deemed to be 'standing in the place of a parent', a concept outlined in Alberta's Family Law Act and the Supreme Court case of Chartier v Chartier (1999).
The obligation to pay child support for stepchildren can continue even after a stepparent separates from the child's biological parent. The court will consider the support obligations of the biological parents when determining the amount of support to be paid by the stepparent. If a stepparent has been financially supporting their stepchild and increasing their standard of living, they are likely to have child support obligations. However, the court ensures that the child does not receive more support than they would if only one parent was responsible.
The amount of time a child spends with their stepparent also affects child support payments. If a child spends more than 60% of their time with the stepparent, it is considered 'sole custody' for the purpose of calculating child support. 'Split custody' refers to when each parent has at least one child for more than 60% of the time, and 'shared custody' applies when a child spends at least 40% of their time with each parent.
Stepparents can seek permission from the court to spend time with their stepchildren after a divorce or separation through a parenting order or contact order. These orders can include details such as visitation scheduling, decision-making rights, and dispute resolution methods.
It is important to note that the obligation of a biological parent to pay child support outweighs that of a stepparent. Additionally, child support orders can be modified by a court or through a mutual agreement between the parents.
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Child support and custody
In Alberta, child support and custody are governed by both federal and provincial family laws. The applicable law depends on the specific circumstances of each case. Here is an overview of the key considerations regarding child support and custody in Alberta:
Child Support
The Federal Child Support Guidelines ("FCSG") and the Alberta Child Support Guidelines ("ACSG") establish the amount of child support payable based on the number of children claiming support and the income level of the parents. The ACSG applies to common-law couples, while the FCSG applies to married couples. The purpose of these guidelines is to ensure uniformity in child support across the province, regardless of the nature of the parents' relationship.
Child support is typically paid to the other parent and is intended to cover basic expenses related to the child's food, clothing, and shelter. It may also cover special and extraordinary expenses, known as "section 7 expenses," such as health-related costs and educational programs.
The amount of child support can be decided by the parents or, if they cannot agree, by a judge. Judges will consider factors such as the family's situation and the amount of time each parent spends with the child. Child support generally continues until the child reaches the age of majority (18 years old in Alberta) or until a court-ordered change. However, support may continue beyond the age of majority in cases of illness, disability, or if the child is pursuing higher education.
Child Custody
In Alberta, the ability to make decisions regarding a child is linked to guardianship rather than parentage status. In most cases, the parents of a child are also the child's guardians and have legal custody. The Family Law Act specifies the powers, responsibilities, and entitlements associated with guardianship.
In cases where guardians live apart and cannot agree on parenting responsibilities, a court may intervene to make a parenting order. This order can outline custody arrangements and parenting time, ensuring the best interests of the child are met.
It is important to note that stepparents who have acted as a parent and financially supported their stepchild may also have child support obligations, even after divorcing the biological parent.
In summary, child support and custody in Alberta are governed by a combination of federal and provincial laws, with a focus on ensuring the child's financial, physical, psychological, and emotional well-being. Parents are encouraged to seek legal advice to understand their rights and obligations fully.
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Frequently asked questions
The federal Divorce Act applies to married couples who have separated and are seeking a divorce, including custody, parenting arrangements, and child and spousal support. Alberta's Family Law Act applies to non-divorce situations, such as determining parentage and making parenting orders when guardians live apart but cannot agree on their responsibilities.
The Alberta Child Support Guidelines, used for common-law couples, set out the amount of child support payable based on the number of children claiming support and the income level of the parents. Child support is generally paid until the child reaches the age of majority (18 in Alberta) but can continue if the child is a full-time student or has other needs, such as a disability.
The basic rule is that the parents of a child are the birth mother and biological father, unless there has been an adoption or the child is conceived through assisted reproduction. A stepparent who has been acting as a parent and financially supporting the stepchild may also have a child support obligation, even after divorcing the biological parent.
The amount of child support is determined by considering factors such as the income of the parents, the number of children, and any special circumstances. Judges must use the Alberta Child Support Guidelines to calculate the amount in non-divorce situations, ensuring the process is consistent across the province.
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