Child support Lawyers
In Alberta’s family law, individuals navigating the intricate pathways of child support amid high-conflict custody scenarios often feel besieged. A key to mitigating the stress and potential harm to the children involved is ensuring financial stability and fairness, where a seasoned child support lawyer becomes indispensable.
It is recommended to seek guidance from a child support lawyer who is well-versed in the nuances of child support in the context of high-conflict custody cases, ensuring your children’s rights and well-being remain the primary concern. Engaging lawyers experienced in the multifaceted nature of family law, especially child support, is crucial.
At Jones Divorce & Family Law, our family lawyers’ approach to child support is formulated to provide you with the vital information and strategies necessary for a successful resolution. We recognize the emotional and financial complexities inherent in marital dissolution, and we’re dedicated to assisting you in attaining the most favourable result.
Child Support Explained
Child support is money paid to help cover the expenses of raising children. There are two types of child support: base (Section 3) child support and extra expenses (Section 7).
Base child support
A regular amount of money is paid on a monthly basis. It is also called Section 3 child support because it falls under Section 3 of the Federal Child Support Guidelines. Base child support is meant to cover the children’s basic expenses, such as their regular clothes, notional share of the mortgage/rent and utilities.
The amount of base child support that is paid depends on the regular parenting schedule that is in place for the children. In the event that the children spend roughly equal amounts of time with each parent, child support is pursuant to section 9 of the Child Support Guidelines. This section entails a comprehensive analysis, considering factors such as which parent covers specific costs for the children, to determine an appropriate amount of child support to be paid.
Extra Expense Child Support
Extra expense child support or Section 7 child support is payable over and above the monthly base child support amount. It is money that covers the extra costs of the children, those that fall under Section 7 of the Federal Child Support Guidelines. Section 7 states that certain expenses are shareable between parents in proportion to their incomes.
If you earn 75% of the joint spousal income, you would pay 75% of the extra Section 7 expenses.
Consult the Canada Department of Justice Federal Child Support Guideline Look Up to determine what amount you owe under the Federal Child Support Guidelines. At Jones Divorce & Family Law, Our highly experienced child support lawyers can help guide you with this.
Children’s Welfare at the Forefront
In all arrangements, if a parent feels a decision contradicts the child’s best interests—especially concerning financial support—they have the right to petition the court for a resolution. This means that even in high-conflict scenarios, no parent holds absolute control, and legal remedies exist for those feeling powerless or facing financial injustices.
How Our Child Support Lawyers Can Help High Conflict Custody Situations
Parents can challenge decisions that harm their child’s interests, including financial matters, by seeking court intervention. This ensures no single parent has unchecked power, especially in high-conflict cases, and offers a legal recourse for those feeling helpless.
Our Child support lawyers can support disputes that are emotionally and legally taxing. Missteps can have lasting consequences. However, our focused child support services make these hurdles easier to handle. We offer precise advice, strategic guidance, and deep knowledge of family law, helping parents face legal battles confidently. The support provided by our family lawyers simplifies a complex process, aiming for the best results for both parents and children.
With Jones Divorce & Family Law, self-represented parties gain the confidence to make smart, child-first decisions in court. Our expert guidance is vital, potentially shaping your case’s outcome and your children’s well-being.
What is the purpose of child support?
Child support is money paid to help cover the expenses of raising children. There are two types of child support: base (Section 3) child support and extraordinary expenses (Section 7).
Child support ensures that, despite the end of a relationship, parents continue to financially provide for their children, maintaining a similar standard of living between the two homes. Consulting a lawyer on issues relating to child support can help clarify any questions you have.
Why do I need to pay child support to the primary parent?
Child support is provided to the parent with primary care of the children to ensure their needs are met. The receiving parent uses these funds on behalf of the child. While the money is given to the other parent, it is intended solely for the child’s well-being, covering essentials like food, clothing, and shelter, and is not for the parent’s personal use.
As family lawyers based in Calgary, Jones Divorce & Family Law can assist in understanding these obligations.
What is “base” child support?
A regular amount of money is paid monthly. It is also called Section 3 child support because it falls under Section 3 of the Federal Child Support Guidelines. Base child support is meant to cover the children’s basic expenses, such as regular clothes, a notional share of the mortgage/rent, and utilities.
The amount of base child support that is paid depends on the regular parenting schedule that is in place for the children as well as the parent’s incomes. In the event that the children spend roughly equal amounts of time with each parent, child support is paid pursuant to section 9 of the Federal Child Support Guidelines. This section entails a comprehensive analysis, considering factors such as the increased cost of shared parenting arrangements and the conditions, means, needs and other circumstances of the parents to determine an appropriate amount of child support to be paid.
What are “extraordinary expenses” for child support?
Extraordinary expenses or Section 7 child support is payable over and above the monthly base child support amount. It is money that covers the extraordinary costs of the children, those that fall under Section 7 of the Federal Child Support Guidelines. Section 7 states that certain expenses are shareable between parents in proportion to their incomes. These are expenses such as post-secondary expenses, extraordinary education expenses, and medical expenses that exceed what is covered by insurance.
If you earn 75% of the joint spousal income, you would pay 75% of the extra Section 7 expenses. Consult the Canada Department of Justice Federal Child Support Guideline Look Up to determine what amount you owe under the Federal Child Support Guidelines.
How is income calculated to determine child support?
‘Income’ for child support extends beyond Line 150 of the T1 General form. The court can determine income by:
- Agreement between parents if reasonable.
- Adjusting the total income reported on the T1 General form by Schedule 3 of the Federal Child Support Guidelines.
- Reviewing the parent’s income over the last three years, considering patterns and fluctuations.
- Considering pre-tax corporate income for parents who are shareholders, directors, or officers.
- Imputing income if the parent is intentionally under-employed or unemployed.
Are all expense deductions accepted when calculating child support?
Not all expense deductions are accepted by the court when calculating child support. For self-employment income, deductions for salaries, benefits, wages, management fees, or general expenses that have a direct benefit to the self-employed or corporate parent are only accepted if the parent can prove that these payments are necessary to earn self-employment income and are reasonable under the circumstances.
What can I do if I believe a decision contradicts my child’s best interests?
In all arrangements, if a parent feels a decision contradicts the child’s best interests—especially concerning financial support—they have the right to petition the court for a resolution. This means that even in high-conflict scenarios, no parent holds absolute control, and legal remedies exist for those feeling powerless or facing financial injustices.
How can family lawyers help in parenting matters in Calgary?
At Jones Divorce & Family Law, our child support lawyers in Calgary provide precise advice, strategic guidance, and extensive knowledge of family law, helping parents navigate emotionally and legally taxing disputes.
We simplify the process, aiming for the best outcomes for both parents and children. With our help, self-represented parties gain the confidence to make informed, child-first decisions in court.
