by admin | Mar 9, 2022 | Blog, Child Custody, Child Custody Lawyer, Child Support
Federal and Alberta Child Support Guidelines separate child support expenses into two categories. Section 7 of the federal law describes child-related expenses beyond the baseline expenses considered within Section 3, such as housing, clothing, and food. Section 7 broadens the scope of the expenses covered by child support in Alberta to include additional or extraordinary bills necessary for maintaining a child’s lifestyle and wellness.
Families have different incomes and needs. The Alberta Section 7 expenses guidelines do not require every parent to pay every type of expense authorised by Section 7. Your individual circumstances and justifiable desires determine the assignment of these expenses. Consulting a lawyer experienced with Alberta family law will provide you with specific insights about how your child support will be calculated.
What Do Section 7 Child Expenses Include in Alberta?
Child care expenses – A custodial parent who needs to pay for child care for the purpose of going to work or attending school for employment has a legal right to request support from the other parent to cover a share of this cost. A parent who is ill or disabled also may request support to pay for child care services.
Health-related expenses not covered by insurance – The uninsured cost of medical and dental services qualifies as a Section 7 expense. This category includes bills for prescription drugs, orthodontics, and prescription lenses.
Post-secondary education – Just as couples who together share the burden of paying for their children’s attendance at universities or trade schools, separated or divorced parents must do the same. Support payments could apply to tuition, school housing, fees, and text books.
Extracurricular activities – Children often produce additional costs for music lessons, athletics, and other organised group activities. These enriching activities are often viewed as important for a child’s development and happiness. A court will likely agree that both parents should split the cost of extracurricular activities especially if the child participated in them prior to the end of the parents’ relationship.
Extraordinary educational costs – Section 7 recognises that children may require additional services during primary or secondary school. Examples of these expenses include fees for tutors or field trips.
Medical and dental insurance premiums over $100 annually – Keeping a child on a medical or dental plan costs money. The law will support reasonable requests that child support amounts include a share of the expense of a child’s portion of the insurance premium.
Who Pays Section 7 Child Expenses?
The Federal Child Support Guidelines expect both parents to contribute to Section 7 expenses. The division of the cost might be equal or unequal depending on parental income.
Whether you will be receiving or paying a portion of a Section 7 expense, you need to be ready to document your income and the need for the support. The health conditions of a special needs child can be illustrated with reports and letters from medical professionals.
When Are Section 7 Expenses Necessary?
As with all things related to child custody and support, the best interests of the child guide judicial decisions about Section 7 expenses. Your request that a child support order includes one or more Section 7 expenses needs to include supporting documentation that demonstrates the need for the payment.
A court weighs Section 7 decisions based on:
- Necessity
- Reasonableness
- Family spending patterns
Necessity presents the first factor. A child with health problems will need to see medical professionals more often than the average healthy child. Additional medical bills and insurance premiums will burden the parents financially. The necessity of these expenses is quite clear.
Outside of obvious necessity, an expense might still be deemed necessary if it would serve the best interests of the child. A child gifted in academics, music, or athletics, might already have been engaged in special programs or attending a private academy. Such expenses could qualify as a necessity because denying the child the opportunity to continue these activities would go against the child’s best interests.
Even if you cannot argue that an expense is absolutely necessary, it may be reasonable. Any child, even in the absence of special talents, deserves a chance to participate in extracurricular activities. Therefore, athletic fees or travel costs for field trips could meet the standard of reasonableness under many circumstances.
Additionally, most parents agree that their children should have a chance to attend post-secondary educational institutions. Having both parents contribute to the cost is reasonable.
However, the reasonableness standard could help you push back against requests for support that appear unreasonable. For example, if a parent suddenly wants a child to go to private school, then a court might not agree that the extra expense is reasonable in light of the parent not desiring it previously.
Family spending patterns factor into Section 7 expense decisions as well. Previous spending behaviour can help a judge know whether an expense is reasonable. Family law directs the courts to try and maintain a child’s material lifestyle after a divorce. Expenses that parents were paying for prior to a divorce create a pattern that justifies a continuance of paying for those expenses.
How Are Section 7 Expenses Calculated in Alberta?
Parents with roughly equal income levels would divide the bills 50/50. The share shifts when one parent has a higher income. For example, a parent whose income is 30% higher than the other parent’s income would pay a share 30% higher than the co-parent.
Various tax deductions, credits, or other subsidies could also factor into the support amount that a parent is directed to pay. Any available benefits that would reduce the cost burden of a child-related expense would deduct from the amount that either parent needs to pay.
Negotiating Section 7 Expenses Between Parents
You do not have to leave the final decisions and calculations of Section 7 expenses in the hands of a court. Parents may negotiate between themselves privately about how they will divide the extra costs associated with raising their children.
Although coming to terms with a former partner can be challenging, you would benefit from working out a deal privately. You would not have to wait for a court date or pay the extra legal fees necessary for a hearing before a judge. You also avoid the risk of a court not approving your request or burdening you with a cost that you had not expected to pay.
Advice from a child support lawyer in Edmonton could prepare you to negotiate these expenses. A lawyer will help you understand what expenses are included in child support. This information lets a parent know what would be included under Section 3 and what could qualify under Section 7.
When speaking with the co-parent, you may find it helpful to present the receipts for the current expenses. The documentation could aid in resolving the matter when a parent sees what services are being provided. If you think that you are being asked to pay too much or a co-parent rejects your request, an Edmonton family lawyer can advance the issue to a courtroom and communicate your needs.
Speak With an Edmonton Child Support Lawyer
Most parents want what is best for their children. When negotiating child support amounts with a co-parent, you need to know everything that should factor into that decision. At Kolinsky Law, we represent people in all matters of family law. We aim to broker efficient solutions that meet a family’s financial situation whether that means going to court or conducting private negotiations. To make fully informed decisions about child support, contact our office today.
by admin | Jan 27, 2022 | Best Lawyers in Edmonton, Blog, Child Custody, Child Custody Lawyer, Child Custody Lawyer Edmonton, Divorce and Separation, Divorce Lawyer, Divorce Mediation, Family Divorce Lawyer, Family Law Lawyer, Family Lawyer
When you contemplate divorce, you will naturally recall the divorce experiences shared by your friends and relatives. As a result, you might misinterpret individual outcomes or opinions as facts about Divorce in Alberta when they are actually myths. The Best Edmonton Divorce Lawyers are often able to protect people’s rights and negotiate reasonable resolutions when people end a marriage or common-law partnership. Before making assumptions about your rights, we want to debunk common divorce myths.
Myth 1. Paying child support means you automatically get parenting time.
Child support and parenting time represent two separate issues that must be worked out in accordance with the law. The courts make child support decisions based on the financial circumstances of the parents. On the other hand, the best interests of the child guide parenting time decisions.
Multiple variables go into determining what is best for a child. Although the law emphasizes that children normally benefit from time with both parents, circumstances could prevent you from having time with your child. Threats to child safety or a parent’s inability to provide adequate housing are examples of issues that could cause a court to deny parenting time.
Myth 2. My spouse’s infidelity gives me an advantage in divorce court.
You may want the legal system to sympathize with you when your spouse has an intimate relationship outside of marriage. However, this behaviour has no bearing on the legal rights of either person. Neither the federal Divorce Act nor Alberta’s Family Law Act reduces rights to property or parenting time on the basis of infidelity.
Myth 3. I can’t get a divorce unless my spouse agrees to do it.
Not true. One spouse may initiate the divorce even when the other spouse disagrees with the action. Our Divorce Attorney Edmonton could help you plan your next steps when you want to end your marriage, including moving out of the marital home. With legal support, you should be able to successfully complete court applications and overcome the difficulties that can arise when the other person will not cooperate with the process.
Myth 4. You won’t have to pay spousal support if your spouse has a job.
Although you may think that the law only authorises spousal support for spouses who did not work outside the home, this is not entirely true. In the eyes of the law, a court could order spousal support due to a large difference in income between spouses.
According to federal and provincial law, the purpose of spousal support is to reduce the financial hardship that can arise when a low-earning spouse leaves a marriage. A judge will consider first whether spousal support is appropriate and then weigh it against factors, like whether the recipient lives with someone else but remains responsible for paying household bills.
You should not make assumptions about either paying or receiving spousal support. This issue is often highly contested, which makes legal representation important should the subject arise during your Divorce in Alberta.
Myth 5. The property you owned prior to marriage will stay yours after the divorce.
Believing in this divorce myth could result in an unpleasant surprise when you go to divide the property. Your exclusive right to keep a property will depend on multiple issues. Although buying it prior to marriage could prove that it is nonmarital property, the picture becomes unclear under many circumstances. For example, if you paid the mortgage on your home out of a joint account that your spouse put money into, then your spouse arguably owns a portion of the value.
Myth 6. Moving out of my house means I’ll lose it in the divorce.
Your property rights do not cease because you move out of the marital home, especially if your name is on the title. Even in the absence of being on the title, family law could still grant you rights to the home that must be settled to complete a divorce. This is important to keep in mind if you feel unsafe in the home and need to get out. Leaving will not cause a forfeiture of property rights. Those rights are decided by title documentation, family law, and who makes payments on the property. However, you may want legal advice when planning your exit so that you do not unnecessarily complicate your case.
Myth 7. Mothers have the advantage in child custody decisions.
Fathers often worry that the legal system views them as less than mothers. This is one of the most persistent Alberta divorce myths, but parental gender is NOT a deciding factor for parenting time or decision-making responsibilities. Both parents have an equal right to see and care for their children in the absence of issues, such as a history of family violence or the inability to maintain a child’s physical, emotional, and psychological safety.
Courts consider only the best interests of the child when making custody orders. A parent’s relationship with the child and willingness to fulfill a child’s needs are the most significant factors. Should you feel that your divorce is threatening your time with your child, you should consult an Edmonton Child Custody Lawyer right away. You do not have to accept the loss of a parent/child relationship unless something specific disqualifies you.
Myth 8. Failing to pay child support means you lose your parenting time.
Falling behind on child support payments is a financial issue separate from your right to care for your child and make parental decisions. Although being in arrears for unpaid child support is a serious issue, it does not present a legal reason for the co-parent to deny you time with your child.
Myth 9. Common-law partners don’t need to negotiate the division of property.
Yes, they do. In legal terms, common-law partners are known as adult interdependent partners. As of Jan. 1, 2020, Alberta’s Family Law Property Act established that adult interdependent partners must divide their property according to rules similar to a divorce for formally married people. If you are uncertain whether your relationship meets the definition of an adult interdependent relationship, you should consult a divorce lawyer.
Myth 10. Retirement accounts and pensions are not subject to property division.
Your retirement savings accounts, including those sponsored by an employer or your self-employed savings, and pensions ARE subject to property division during a divorce.
Myth 11. You don’t have to pay child support for stepchildren.
There are circumstances when the law obligates people to pay child support for an ex-partner’s children from another relationship. Actions such as formally adopting a stepchild, naming the child in your estate plan, or having the child as a beneficiary of your health insurance plan could create liability for stepchild support after your marriage ends.
Myth 12. You get half the marital assets in a divorce.
Alberta family law calls for an equitable division of marital assets and property. Although this often turns out as a 50/50 split or very close to it, the equitable standard really means that division should be fair. Some splitting couples agree to an unbalanced division in recognition of what each person honestly deserves. However, disagreements about what is equitable are common and can lead to disputes that must be resolved through mediation or litigation.
Make Decisions Based on Facts Not Myths
Unique factors and finances define every marital relationship. The steps for how to get a Divorce in Edmonton, Alberta might be slightly different for one person compared to another. You might arrange an amicable split with minimal legal support or require a strong litigator to defend your rights to parenting time, financial support, or property.
At Kolinsky Law, we have experience with all aspects of Divorce and Separation in Edmonton, Alberta. We strive to provide the results that you desire in an efficient manner that is appropriate for your family situation. Let us help you resolve your divorce or child custody issues. Call (780) 757-6400 or email our office today.
by admin | Mar 16, 2020 | Blog, Child Custody, Child Custody Lawyer
When a married couple decides to end their marriage, it inevitably impacts both parties. When a couple files for divorce, the parties that are impacted, with little or no say in the matter, are the children. This is where the courts step in to ensure that the children have a strong voice and that all matters are dealt with while keeping the best interests of the child in mind.
What Does ‘The Best Interest of the Child’ Mean?
The Family Law Act requires all decisions that involve children be made in the child’s ‘best interests’. In fact, all family laws are based on this principle. The question is, what does that mean? Simply put, decisions are to be made with the intention of having the best possible outcome for the child. The Family Law Act also, requires that judges and law enforcers ensure the safety of a child emotionally, physically and psychologically.
What Factors Do the Courts Consider?
At this point in time, the federal Divorce Act does not stipulate the exact factors for determining what is best for children. The reason for this is how unique each case actually is and the fact that listing factors does not increase the predictability of the outcomes in court. There are, however, many factors that are considered to determine the ‘best interest of the child,’ even if they are not formally outlined in the Act:
- the child’s perspectives
- the child’s own history
- the child’s cultural, religious and spiritual upbringing
- the benefit to the child by developing a strong relationship with both parents
- the ability and willingness for the parents to care for the child
- any family history of violence or abuse
- any criminal proceedings
How Do Courts Determine the Children’s Perspectives?
Anything that a parent or court will decide can have a direct impact on a child. There are different ways some courts may use the input of the child in the legal proceedings to help assess their best interests. Depending on the child’s age and maturity, there is the possibility for them to be heard in any judicial or administrative proceedings which directly affect the child. This hinges on recognizing that children are not only capable of forming meaningful opinions on decisions that could alter their lives, they ought to be listened to by the powers which seek to protect their best interests. Of course, the opportunity for them to do this varies depending on the court and the province; however, the two most common options available are:
- A child advocate or lawyer hired to represent the child
- A child psychologist who interviews the child and prepares a report about their findings
How Kolinsky Law Can Help:
Family Law is one area of specialisation for the lawyers at Kolinsky Law. We specialise in all matters related to divorce including custody, child support, child protection, spousal support and more. We believe that children need their voices heard and we work to ensure that while the divorce process is difficult, the child’s best interests are put above all.
