Child support is an important topic for parents who have separated or divorced in Canada. The goal of child support is to ensure that the child's needs are met, even when parents are no longer living together. In Canada, child support is governed by the federal Divorce Act and the provincial/territorial family law statutes.

In Alberta, as in other provinces, there are two main types of child support: S.3 and S.7 child support. S.3 child support is basic support that covers the child's basic needs, such as food, clothing, and shelter. The amount of S.3 child support is calculated using the Federal Child Support Guidelines, which take into account the paying parent's income and the number of children they are responsible for.

S.7 child support, on the other hand, covers "special or extraordinary expenses" related to the child's health, education, or extracurricular activities. Examples of S.7 expenses may include things like extraordinary fees for extracurricular activities (not the normal fees), private school tuition, or medical expenses not covered by insurance. The responsibility for paying S.7 expenses is typically shared between both parents, based on their income.

In shared parenting regimes, where one parent has the child for at least 40% of the time, offset child support may be used. Offset child support takes into account both parents' income and the amount of time each parent spends with the child. The idea is that each parent is responsible for their share of the child's expenses, and the higher-earning parent pays the difference between their share and the lower-earning parent's share.  Asking a lawyer to calculate off-set child support is essential to ensure the right amount is being paid.

Child support is usually based upon the gross salary of the paying parent, based on line 150 of their last tax return, unless their income has changed drastically since that time.

It's important to get proper legal advice when dealing with child support, as the rules and guidelines can be complex and vary depending on the specific circumstances of each case. An experienced family lawyer can help you understand your rights and obligations regarding child support, and help you negotiate a fair and reasonable agreement with your ex-partner.

When it comes to post-secondary education, child support may still be required even after the child has turned 18 and is attending college or university. In Canada, child support can continue until the child reaches the age of majority (18 or 19, depending on the province), or longer if the child is still dependent due to disability or illness. In cases where the child is attending post-secondary school, the court may consider factors such as the child's living expenses, tuition costs, and the parents' ability to pay when determining the appropriate level of support.

In summary, child support in Canada is a complex and important issue for parents who have separated or divorced. Understanding the differences between S.3 and S.7 child support, as well as offset child support and post-secondary support, can help ensure that the needs of the child are met and both parents are treated fairly. Getting proper legal advice is crucial to navigating the complexities of child support law and negotiating a fair and reasonable agreement.

Learn more about our Lethbridge divorce and family law lawyers, Adam Letourneau, K.C., Spencer McMullin, Emily Tilleman, Austyn Anderson or Tamera Tupou.

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This article is for information purposes only and does not constitute legal advice.