Life changes such as job loss, medical expenses, or changes in parenting arrangements can
make existing child support agreements difficult to maintain. This gets messier when the
Maintenance Enforcement Program (MEP) is involved. MEP can be a blessing and a curse for
both parties, however, it is an effective tool for those who would otherwise refuse to pay child
support. MEP has a multitude of powers, including license suspension, garnishment of wages
and passport holds. Once MEP takes steps such as these, the process to undo these actions
can be lengthy. Contacting a lawyer as soon as the change of circumstances is known is the
ideal first step.
Here is how child support modifications typically work in Alberta:
- Agreement Between Parents
If both parents agree to change the child support amount, they can update the agreement.
However, if the original agreement was turned into a Court Order as is necessary in divorce
matters, the updated terms must still be approved by the Court to be legally enforceable.
- Requesting a Change Through the Court
If the parents cannot agree, either party may apply to the court to vary the child support order.
Proof of change of income must be established through evidence.
Some examples of material changes that may justify a modification include:
For temporary changes:
- A medical emergency affecting the child or a parent
- A short-term loss of employment or reduced income
- Temporary financial hardship
For permanent changes:
- A significant or long-term change in income
- A parent becoming permanently disabled or unable to work
- Changes in the child’s ongoing needs or expenses
- A major shift in parenting time or living arrangements
- Amendments to the Federal Child Support Guidelines or applicable laws
Note that the income of a new spouse is generally not considered unless it directly affects the
ability of the parent to provide financial support to the child.
- Duration of Modifications
If approved, a temporary change will remain in place for as long as the hardship or situation
continues. Permanent changes will stay in effect until a new order is granted or the child support obligation ends. This typically happens when the child turns 18 or completes post-secondary education, depending on the circumstances.
Need Support with a Child Support Modification?
If you are struggling to pay child support or managing with the amount you receive, it may be time to consider modifying your agreement. Contact our Family Law team to explore your options and get guidance through the steps required to seek a fair outcome.