Getting Help for Child Support and Spousal / Partner Support in Edmonton
You may have questions regarding child support and spousal support if you’re going through a separation or divorce in Edmonton. It’s important to understand the rights and options that apply if you are about to go through this big life change. Working with a family lawyer experienced in child support and spousal support can help to ensure that you and your family can move forward. That’s why it’s so important to reach out to a family lawyer at Safi Law Group as soon as possible if you have questions.
Understanding Child Support in Alberta
Child support is a payment made from one spouse to the other for the expenses incurred in providing for a child after a divorce or separation.
There are two forms of child support: Section 3 (base child support) and Section 7 (extraordinary expenses). Base child support is a monthly payment intended to cover the essential expenses for a child which includes food, clothing and other living expenses. Examples of Section 7 expenses include additional childcare, medical and dental, educational programs beyond the scope of normal schooling, post-secondary education and extracurricular activities.
The amount of child support owed is dependent on several factors, including:
- the province where the parents live
- the income of the parents
- the number of children that require support
- who the children reside with primarily
For situations where one parent has sole custody of the children, child support payments would be made to that parent.
However, in cases where the parties have shared custody or split custody, the determination of child support can be more complicated.
In any event, the Federal Child Support Guidelines provide a fair way of determining the appropriate child support payments. The guidelines are regulated, and parties cannot contract out of them. It is important to remember that child support is a right of the children and a parent’s personal expenses are generally irrelevant when determining what should be the proper child support amount.
Parents should begin the discussion of child support as early as possible after a separation to plan for the future and minimize disruption in their child’s day to day life. Contact Safi Law Group today for more information on child support and get the answers you need to move forward.
What Is Spousal Support?
Spousal support is the payment that may be owed to one partner following a divorce or separation. Spousal support specifically refers to support that is paid in situations where the parties were married. This payment is sometimes referred to as alimony.
A Court will often order one spouse to pay the other spouse a specific dollar amount each month when a marriage ends. However, the applying party must prove entitlement before a support order can be legally established.
When can a spouse ask a Judge to create an order for spousal support?
Spousal support can be ordered whenever a case for divorce or separation is presented to a Judge.
When can spousal support begin?
A divorce does not need to be finalized before support can be ordered. Your divorce lawyer will be able to help you ask for spousal support payments while your divorce case is still pending. A Judge can create what is referred to as an interim spousal support Order. However, support is also often ordered following the finalization of a divorce settlement. The payment amount that is chosen by a Judge could become part of the final divorce judgment.
What factors help to determine spousal support?
A Judge uses several factors to determine if spousal support is owed and how much spousal support should be paid. Here are the major factors that go into a decision:
- The length of the marriage.
- The earning potential of each spouse compared to the standard of living that was enjoyed during the marriage. A Judge will take a close look at the marketable skills of the support recipient and compare them to the current job market for people with those skills. In addition, a Judge will look at how earning potential may have been lost during any periods where the recipient of support was devoted to domestic and household duties during the marriage.
- Any agreements made between the spouses.
When does spousal support end in Alberta?
There are three ways that a support Order or an agreement can end. A new Court Order will be needed to officially end an existing Order or an agreement. Support Orders or agreements end by default when the recipient passes away. Finally, parties can agree to certain conditions such as remarriage or children reaching the age of majority as triggers to end spousal support. However, it should be noted that spousal support is always subject to a review of the Court. Therefore, it is important to talk to an experienced divorce lawyer to see if your obligation to pay spousal support can be terminated or varied if there has been a material change in circumstances.
Domestic Partner / Common-Law Partner Support
You may be wondering if support is an available option if you’re exiting a domestic/common-law partnership. The answer is Yes. In fact, the procedures in place for establishing support are essentially uniform whether you’re divorcing or ending a common-law relationship.
Get Help with Child Support and Spousal / Partner Support in Edmonton
It’s important to work with an experienced Edmonton family lawyer if you have questions regarding spousal support or partner support. There are many variables regarding where you should file your support claim, which documents you will need to submit to the Court and the personal documents that must accompany Court documents. Don’t hesitate to contact Safi Law Group today if you need help with spousal support or domestic partner support.
Book your consultation online today or call us at (780) 760-7234.
You have options when it comes to how you can pay monthly child support and spousal support payments. With it's ease of use and convenience, email transfer has become a very popular way to exchange child support and spousal support payments from one ex-spouse to another.