It is important to document child support payments for two reasons. If the other parent makes a claim that you haven’t been paying child support or makes a claim for retroactive child support (back pay for missed child support). The paper trail you have created evidencing your payments will be your defense to the other parent’s claim. Child support payments are not taxable. You still need to claim all support payments on your taxes. Having a written record of the amount of support you have paid can help ensure you capture all payments in your income tax returns.
Do you still have questions about documenting your child support payments or determining income for child support? Speak to one of our lawyers in the Edmonton or Calgary office of ClearWay Law. Our lawyers have experience assisting clients with child support matters.
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When Do Child Support Payments end?
The Divorce Act articulates that child support is payable for any “child of the marriage”. A child of the marriage means a child of two spouses or former spouses who is under the age of majority (18). Also, someone who has not withdrawn from their parent’s charge or a child of the marriage who is over the age of majority (18). Further, they are unable to withdraw from their parent’s charge due to illness, disability, or other cause. The Family Law Act restricts eligibility for child support to unmarried children who are under the age of majority or over the age of majority but is enrolled in full-time education and has not withdrawn from parental control.
Provinces And Territories
If any children of the marriage fall under the parameters articulated in the Divorce Act or the Family Law Act, a parent may make a claim for child support. Once obtained, support will continue until the child is over the age of majority and is able to be independent. Often this occurs with the child turns 18 and child support will cease on the child’s 18th birthday.
The law presumes that after 18, the child is able to obtain gainful employment to support themselves. However, sometimes child support will still be payable after a child turns 18 if they are unable to withdraw from their parent’s care. The most common reason for a child being unable to withdraw from their parent’s care is if they are enrolled in post-secondary education.
If you want to learn more about Alberta family law, see our videos. If you need help with Child Support Payments in Alberta, contact us.
Alberta Child Support FAQ
How many lawyers does ClearWay Law have in Alberta?
We first started in Ontario. ClearWay Law then grew to British Columbia. We are new to Alberta, but have a few law firms that we work with.
Is family law in Alberta cheaper than in Ontario?
We have found that the average lawyer hourly rate is lower in Alberta.
How much do separation agreements cost??
They can cost between $1100-3000 depending on how complex the separation agreement is.
Can you please help me with my family law issue?
The Alberta lawyer you connect with will let you know if they can help you.
Which cities do your lawyers operate in?
We have lawyers in Calgary and Edmonton.
How does ClearWay Law work?
Send us your information and we will let you know if we can help you.