In Alberta, child support is calculated according to the Federal Child Support Guidelines and is the legal right of a child to access the financial resources they require to grow and succeed. This legal right covers a child’s needs beyond merely food and shelter, and the Federal Child Support Guidelines explain the extent of a child’s right to support beyond the basic necessities of life.
A child’s right to support is unaffected when parents separate, and it is up to the parents to ensure they are meeting their obligations corresponding to their children’s rights through a child support agreement.
This is not an intuitive task, and if you have recently separated, you may be unsure of what child support payments are designed to cover. Parents often require a child support order to be in place before these obligations are satisfied.
In this post, we will break down what child support payments cover and discuss the terminology surrounding essential and extra payments required to meet your legal responsibility as a parent.
What Does Child Support Cover?
The purpose of a child support agreement is to provide for the well-being of the children while ensuring that the children’s parents are fairly contributing to their children financially. The Federal Child Support Guidelines distinguish the child’s basic needs from the child’s extraordinary needs, and the financial support for each category of need is calculated differently for the purposes of a child support order.
Basic Needs
A child’s basic needs – also known as “Section 3 expenses” – get their name from Section 3 of the Federal Child Support Guidelines. These needs include, for example, food, the child’s shelter, clothing, school supplies, transportation, and basic incidental expenses of maintaining a child.
The child support amount each parent must pay to cover Section 3 expenses is dictated by a calculation table, which looks at the number of children of the relationship and the annual income of the parents. There is limited flexibility in the application of these tables. For a rough estimate of basic child support payments, you can use this online calculator.
Extraordinary Needs/Expenses
A child’s extraordinary needs/expenses – also known as “Section 7 expenses” – are listed in Section 7 of the Federal Child Support Guidelines. These include:
- Childcare expenses
- The portion of medical and dental premiums that are attributable to the child
- Health-related expenses that require reimbursement beyond what premiums will cover, including orthodontics, counselling, social workers, physiotherapy, prescription medications, hearing aids, etc.
- School-related expenses
- Post-secondary expenses
- Extracurricular activities
Other expenses that may be included are extracurricular activities and tuition. Section 7 expenses are usually shared proportionately with each parent’s annual income. For example, if Parent A makes $60,000.00 per year and Parent B makes $40,000.00 per year, Parent A would pay 60% of Section 7 expenses, and Parent B would pay 40% of Section 7 expenses.
Common Misconceptions About Child Support
Child support obligations are quite commonplace but are not uniformly applied to all families, depending on the parents’ incomes and whether the expenses are reasonable in the circumstances. It is important to understand how the law may apply to your family’s situation when a court determines your child support obligations. Here are some common misconceptions about child support payments:
Child Support is for the Benefit of the Parent
As mentioned above, child support is the right of the child. Therefore, the purpose of child support is to ensure that parents are fairly sharing the costs of raising their child. Child support is not additional income for the parent who receives child support payments.
Child Support is 50/50 by Default
There are various factors that the courts use when determining child support payments, including the annual income of the parents, the parenting arrangements, and the child’s particular needs. The intention of the cost allocation is to ensure that the child is being cared for uniformly regardless of which parent the child lives with, or which home is considered their ‘primary residence’. It is therefore rare that child support obligations are divided equally.
Child Support Stops When the Child Turns 18
Most children will remain dependent on their parents beyond the day when the child reaches the age of 18, or graduates from high school – whichever occurs last – but this can be extended. While a child is a dependent, they are a “child of the relationship” and are entitled to basic child support, as well as financial support for their extraordinary expenses. The Family Law Act defines a dependent child as someone under 18 or someone between the ages of 18 – 22 who is unable to “withdraw from his or her parents’ charge” due to being enrolled as a full-time student at a post-secondary institution or having a disability or special needs.
Child Support is Tied to Decision Making or Parenting Time
While a few of the court’s considerations may overlap between child support, and parenting determinations, such as child custody, these are separate issues and the analysis of each issue must meet very distinct purposes. Therefore, a child support award does not entitle the paying parent to decision-making power or parenting time; these are to be decided independently from one another in the children’s best interest.
Child Support Coverage FAQs
As is the case with many issues in family law, parties may agree to an arrangement regarding specific child-related costs and special expenses that is different than what the Federal Child Support Guidelines outline as the default. For example, there may be an expense that is regularly considered to be a Section 3 expense that the parties would prefer to share proportionately as a Section 7 expense. The following responses reflect the default.
Is Childcare Included in Child Support?
Childcare costs are considered Section 7 expenses and are therefore shared proportionately to each parent’s annual income.
Does Child Support Cover School Supplies?
School supplies are considered Section 3 expenses, meaning that they are accounted for in the table amount of child support that each parent pays. Accordingly, the parent receiving child support would typically be responsible for paying school supply costs, unless otherwise agreed upon.
Does Child Support Cover Extracurricular Activities?
A child’s extracurricular activities are considered Section 7 expenses and are therefore shared proportionately to each parent’s annual income. The extracurriculars must be reasonable, considering the incomes of the parents. For example, private school tuition of $20,000/year is not reasonable if the global parental income is only $50,000.
Does Child Support Cover Clothing for Both Houses?
Clothing is considered a Section 3 expense, meaning that it is accounted for in the table amount of support that each parent pays. Typically, each parent purchases clothing for their house, with minimal clothing transferring between houses. Sometimes, parents will agree to share the cost of larger clothing items, such as winter jackets and boots, which would then rotate between the two homes.
How Kirk Montoute Dawson LLP Can Help You Navigate Child Support
If you have recently separated from your former spouse or are considering what child support could look like post-separation, please contact one of the family law lawyers at Kirk Montoute Dawson LLP for advice or representation. One of our lawyers would be happy to review your specific circumstances and provide you with guidance and next steps based on your individual situation and the child support laws which apply to you.
Author: Kyrie Bouscal