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We have shared custody of our 2 boys 50/50 (age12&15). We each "pay" child support but with my income being higher I send him $ every month to make up the difference. Under Section 3, Child support covers all necessary needs for living like food, mortgage, haircuts, school fees etc. So does that mean that since my ex receives the child support difference he should be paying the complete cost of haircuts, shared clothing, school fees etc? Or are those expenses still split in half since we both technically "pay" and "receive" child support?
No, the best way to think of it is that because it's shared parenting and there is still a net/set-off amount paid to help make spending power more balanced, both parents are in turn able to share the basic expenses between them, which is why support isn't based solely upon the higher income earner's income, and instead each of your child support obligations are usually set-off/net against each other. I say usually because if there is a disproportionate amount of spending on the children's basic needs in either household, courts don't need to follow the set off amount, for example if he paid for all of their expenses you might even have to pay the full amount of child support without deducting his portion. So it is expected that parents exercising shared parenting continue to share basic expenses such as school fees/registration, clothing, haircuts, etc... In some families it means each parent might take the lead on a category of expense (e.g. maybe one pays for the child to have a cell phone, the other pays for hair cuts), or sometimes parent alternate.
23 days ago
Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton) Verified Lawyer
Hi Jackie,nnTo expand a bit on my colleague's response, when a family is in a shared parenting regime s.9 applies, not just s.3. The table amounts are a starting point, and the "lazy" way to deal with it is a straight set-off (yes, the Alberta Court of Appeal called lawyers lazy for doing it that way), but there are additional clauses in the Guidelines that direct an analysis of the totality of the financial means, needs, and circumstances in both households. This is one of the parts of family law where you have an opportunity to craft a solution that uniquely suits the needs of your family. Booking a consultation with a lawyer might be a good idea to discuss your specific circumstances in a confidential setting.
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