Alberta

Canada – Alberta

Contact

ALBERTA JUSTICE
Maintenance Enforcement Program
P.O. Box 2404
Edmonton, Alberta
Canada T5J 3Z7

Tel: 780-422-5554 or 5555
Fax: 780-401-7565 or 7575

Overview

U.S. Federally Declared Foreign Reciprocating Country – Effective September 4, 2002

Web Links to Guides and Forms

Guides: http://www.albertacourts.ab.ca/familylaw/iso/pdf/isoguideintro.pdf

Forms: http://www.albertacourts.ab.ca/familylaw/iso/pdf/chooseforms.pdf

U.S. Office of Child Support Enforcement Promulgated Forms and Procedures:
http://www.acf.hhs.gov/programs/cse/

RELEVANT LAWS

AGE OF MAJORITY

Age of majority in Alberta: 18 years of age.

Q: If not stated in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary.
A: Generally, the Alberta Maintenance Enforcement Program will enforce an order for children over 18 up to age 22 so long as they are full time students; did not obtain a degree, diploma or certificate; are dependent or under the care and control of the creditor (person who is to receive maintenance); and are not married or living common-law.  More information on maintenance for adult children is available under File Accounting and Adjustment Issues at the site: http://www4.gov.ab.ca/just/mep/infotopics.htm

Q: Does child support end if the child leaves the household but does not emancipate?
A: Child support may end if the child does not reside with the creditor or is not under the creditor’s care and control.  Alberta asks the creditor to complete a statutory declaration should this become an issue.  More information about the child status report can be found under Forms at the site: http://www4.gov.ab.ca/just/mep/creditor.cfm

Q: Does Alberta allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in post-secondary education)?
A: Child support is enforced by Alberta indefinitely if the child is handicapped  a doctor’s note is required.

If the child is in post secondary school and the order does not provide a specific support end date, then Alberta will enforce until the child is 22 years of age.  More information on maintenance for adult children is available under File Accounting and Adjustment Issues at the site: http://www4.gov.ab.ca/just/mep/infotopics.htm

Service of Process

Check which of the following methods are used to serve process on an individual:

____personal service

R? regular mail (no receipt)

____registered mail (receipted by addressee only)

____registered mail (receipted by anyone at the address)

____publication (example: in a legal journal, newspaper, public posting)

Q: How is a non-resident or person whose whereabouts are not known, notified of proceedings?
A: Alberta sends all notification to all clients via regular mail.  In the case of a client being registered with a reciprocating jurisdiction, communication would occur via that office.

Alberta does search for debtors whose whereabouts are unknown.  If unsuccessful, collection action still takes place.

Statute of Limitations

Q:Is there a statute of limitations for past due support?  If yes, describe.
A: Alberta cannot collect arrears that accrued before July 1, 1984.

Q: Is there a statute of limitations for establishing paternity?  If yes, describe.
A: No.

Q:Will Alberta accept a petition if the only issue is support for a prior period, that is, no child is currently entitled to support?
A: Yes

Amount of Support

Q: In setting the amount of support, whose income is considered in addition to the income of the non-custodial parent? (for example: custodial parent’s, custodial parent’s new spouse, child’s, etc)
A: Generally, child support is determined under Child Support Guidelines.  Incomes of both the creditor and debtor are considered.  More information about the Guidelines is available at the site: http://www.canada.justice.gc.ca/en/ps/sup/pub/iag/approa.html

Q: How is the amount of support determined? (examples; by formula, % of income, tribunal discretion, etc)?
A: Generally, child support is determined under Child Support Guidelines.  More information about the Guidelines is available at the site:  http://www.canada.justice.gc.ca/en/ps/sup/grl/glpta.html

Q: Does Alberta allow for support for a period before the parent applied?  If yes, what is the period allowed (for example, from the birth of the child, from date of separation, retroactivity support is limited to X years, etc)
A: Child support can be claimed so long as it is pursuant to an order.  The only limitation is that Alberta cannot enforce arrears that accrued before July 1, 1984.

Modification of Orders

Q: May either party request a review for modification?
A: Yes,  via the Courts.

Q: Will Alberta modify its existing domestic judgment when one of the parties resides in the USA and will not return for — or refuses to participate in — the proceedings?
A: When one party is in the USA, then the party in Alberta must utilize the ISO or Provisional process to vary an existing order.

Q: Does Alberta law require automatic adjustments (for example, based on changes in the cost of living, or X% every 3 years, etc)?
A: No.

If yes, are the automatic adjustments considered to be modifications of the order?

Is a new order issued as a result of an automatic adjustment?

Is there a minimum or threshold amount of change that must occur before a modification is made?  (for example, the order would need to change by 25 dollars or more, or at least 10% change in order.)

Cost Recovery

Q: What costs, if any, are recovered from the custodial parent?
A: Currently none.

Q: What costs, if any, are recovered from the non-custodial parent?
A: Currently none.

Forms and Procedures

U.S. Federally Declared Foreign Reciprocating Country Effective September 4, 2002