In certain rare cases, a parent may legally pay a different amount of support than what the Child Support Guidelines require. For example, when the paying parent faces extreme difficulties that make it hard to pay, called “undue hardship”, or when a child becomes independent. These exceptions are explained below.

“Undue hardship”

In some situations, a parent might find they cannot afford to pay the amount required by the Child Support Guidelines. If this is the case, the paying parent must prove that the child support payments would cause “undue hardship.” Undue hardship means the required payments would cause a very big financial problem — not just hardship, but undue hardship.

It is not easy to claim undue hardship. You will have to go to court to do it and a judge will ask you to provide a lot of financial documents. The judge will compare the standard of living of your household and the other parent’s household, including the incomes of any new spouses. If you have a higher standard of living than the other parent’s household you cannot get a reduction in child support payments. Examples of undue hardship can occur when a parent:

• Has an unusually high level of family debt incurred from before the separation;
• Has high expenses in relation to exercising parenting time with the child; or
• Has to support other people.

Before you go to court to claim undue hardship, it is a good idea to talk to a lawyer.

Independent children

Child support is generally required until a child turns 18 (the age of majority in Alberta), which is the age that they should be able to live on their own and take care of themselves. This is the case except when a child over 18 is still a dependent, like if they are still going to school full-time or have an illness or disability. But independence can occur before a child turns 18, and in these cases, a parent may not be required to pay support.

If a paying parent can prove that a child under 18 (a minor) has voluntarily left parental control and is living a financially independent life as an adult, the child may not be entitled to benefit from child support.

Children are considered independent of their parents’ care and control when:

• The child lives with a boyfriend or girlfriend who provides for or helps to provide for their needs
• The child has moved out from his or her parents’ home and refuses to return
• The child lives on his or her own, maintains a job and pays his or her own bills without relying on money from his or her parents

If you have any questions about child support and independent children, talk to the Family Law Information Centre.

Do step-parents have to pay child support?

A step-parent may have a responsibility to pay child support even if they no longer live with the other parent. If an adult has acted like a parent (“stood in the place of the parent”), then that adult may have to pay child support. A judge has discretion to determine if a stepparent or other adult should be obligated to pay child support for the child. The law states that the obligation of the actual parents outweighs the obligations of someone standing in place of a parent. This means that even if the judge decides that someone is standing in the place of a parent, a judge can order that the person can pay less than the Child Support Guideline amounts.

What if the other parent doesn’t live in the same province or country?

Alberta has arrangements with other provinces and some countries so that a parent can apply for child support or apply to make changes to child support even if the other parent lives in a different province or country.

These arrangements make it possible to do this without having to go there. Depending on where the other parent moved, it may be possible to get what’s called an interjurisdictional support order. For more information, talk to the Family Law Information Centre.