The variation of child support (and spousal support) payments is becoming a regular occurrence in Alberta with the continued lay-offs, and reductions in paid work, including reductions in regular wages and the elimination of overtime work and bonuses.
For self-employed workers either with a sole proprietorship or with an incorporated business, individuals are experiencing substantial reductions in their revenue with expenses remaining unchanged or reducing at a much smaller rate.
As such, a payor of child support and spousal support may be paying on amounts that do not reflect their income in today’s economic climate here in Alberta.
When there are child support and spousal support orders in place that require an individual to pay either directly to the recipient or through the Maintenance Enforcement Program (MEP), the payor may be completely unaware of the process and time necessary to revise child or spousal support in line with the income realities they are facing.
If a matter is in the Court of Queen’s Bench of Alberta, a payor will need to file a Family Application with a supporting sworn Affidavit, in addition to the filing of a Disclosure Statement. However, prior to this process and setting a chambers date to hear the matter of a variation of child support, a payor must either obtain a temporary or permanent exemption from attending a Dispute Resolution Officer (DRO) appointment, or attend a DRO at the Calgary court house.
A payor often will want to seek an exemption from a DRO appointment as these appointments book several months in advance of any week, and in order to do so a Fiat will need to be obtained prior to Family Application for varying child support.
If a payor’s matter is in the Provincial Court of Alberta, a DRO exemption is not necessary, however, due to scheduling limitations a Family Law Act Claim for varying child support will need to be scheduled several months in advance of the next available date in docket court.
It is imperative that an individual seeking to vary child support has the proper financial information and evidence surrounding their income circumstances before the court to ensure the best chance of success for a variation of child support or spousal support.
This process begins by working with an experienced family lawyer who has undertaken variation of child support applications in the Provincial Court of Alberta or the Court of Queen’s Bench of Alberta. At Family Central Law Office, we would be happy to discuss the future of your children’s holiday schedules with you at any time, kindly contact us today for your free 20-30 minute consultation on your matter by calling our office at: 587-392-7970 or emailing info@familycentrallaw.com, or our consultation page directly on our website so we can get back to you within 24 hours of contacting us.
