Child support is the responsibility of parents in Alberta, but there is often confusion about how long payments must be made and when they end.
In many cases, payments can stop when the child reaches the age of majority (18 in Alberta) but child support laws take into account other factors besides the child’s age. The ability of the child to support themselves and the pursuit of post-secondary education are important considerations.
Child support payments may need to extend past the age of 18 if the child cannot provide for themselves or enrolls in post-secondary education.
Child support obligations for parents in Alberta
Under the terms of both the federal Divorce Act and the Family Act in Alberta, parents must provide support for all children of the marriage who are unable to care for themselves, regardless of their age.
In other words, the support obligation does not automatically end when the child reaches 18 but is based on the child’s dependency on the parents. This applies to biological children, adopted children or children from assisted reproduction if they are considered “children from the marriage”.
Sometimes, a child has ongoing educational requirements or is ill or disabled and has special needs. This can prolong the child support obligation according to the child’s best interests and it can be ordered by the court if necessary.
Child support for Alberta students
If a child pursues higher education, many parents will gladly support the child through this important period of life.
However, this is not always the case, so what does the law say?
Ultimately, a dependent child may still require support beyond the age of 18 and the law makes provisions for this. The law states that if a child is engaged in full-time education, the support obligation from parents can extend into the child’s post-secondary years. Parents may be required to contribute to tuition, books, and living expenses, depending on the circumstances.
Furthermore, the Alberta courts can order the non-custodial parent to pay child support if the child is over 18 and there is sufficient proof of his/her enrollment and ongoing attendance in higher education.
What are the criteria for adult child support in Alberta?
Adult child support cases are considered individually according to circumstances in Alberta. In particular, the child’s course of study, education costs, the child’s financial self-sufficiency, and both parents’ financial situation will be taken into account before the court makes a ruling.
A child’s financial self-sufficiency
In some cases, an 18-year-old can be considered to have some degree of self-sufficiency due to employment or other means. This can impact whether the court orders continuing parental support beyond the age of majority.
If an 18-year-old cannot attain financial independence due to disability or other circumstances, continued support may be ordered if not volunteered by the parents.
The parents’ financial situation
While child support is the right of the child in Alberta, the parents’ financial situation must be considered when decisions are made. The courts consider each parent’s income, assets, and financial responsibilities when determining the amount of support due.
Courts generally follow support guidelines but can exercise a great degree of discretion in cases where other factors are pertinent.
How can you terminate child support in Alberta?
Parents should not attempt to terminate the support of a child who may still be eligible for it without first seeking legal guidance.
A seasoned child support lawyer can assess the situation according to the relevant legislation and advise parents accordingly on whether to approach the court for termination. If a petition for termination is required, a lawyer can facilitate the process and represent you in court.
In child support termination cases, the courts consider the following key factors:
- The child’s age: after the age of majority is 18, support may be terminated but may continue based on the child’s circumstances.
- The child’s status: if the child is enrolled in full-time education, has a disability or illness, and is unable to support themselves financially, the need for continued support may prevent termination.
- The parents’ financial status: income, assets, and earning capacity will all be taken into account.
Note that some court orders specify when child support ends. Once this date is reached, support payments can legally be stopped.
Also, if parents agree to end support after the age of majority, an agreement approved by the court will become binding. However, if the parents do not agree, the court will need to decide.
Modification of child support orders in Alberta
Alberta law recognizes that circumstances in life may change, and support orders made years ago might no longer be relevant or fair.
However, parents cannot simply change the amounts or frequency of child support payments without approval from the court. This requires a court order to be modified through an official legal process.
First, valid grounds are necessary before child support can be modified. This could be a major change in a parent’s financial circumstances, the changing needs of the child as they grow (educational, medical or other needs) or changes in the child’s primary residency arrangements.
Process of modifying child support in Alberta
To modify child support, a parent needs to:
- Gather documentation to provide evidence of the need for a modification, such as financial statements, receipts, etc.
- Apply for a modification with the court that issued the original order, including the reason for the request.
The parent may seek legal assistance to file the application. The court will then review the submitted materials and may schedule a hearing for parents to present their arguments regarding the proposed changes. The court’s decision will be based on all the factors present in the case.
If the court deems that a modification of support is warranted, a new child support order will be issued.
If you live in the Calgary area and need assistance with child support matters, the experienced lawyers at Jennings Family Law can help you. Call (403) 316-0138 to request a confidential consultation, contact us directly online, or email Warren Jennings directly at warren@jenningsfamilylaw.com.
