The Defendant in a
Divorce Proceeding

As it is every parent’s responsibility to provide for their child, a Court may issue a Child Support Order against any parent to pay for the support of the children. Either or both spouses may apply to the court to enforce a Child Support Order against the other spouse. The Court will consider certain guidelines that will determine if and how much a parent will pay towards supporting the child. The amount of minimum child support to be paid is set by the Federal Child Support Guidelines. Special or out of the ordinary expenses can be agreed to be paid by the parents or can be ordered by a Court. The amount of special expenses is generally shared by the parents based upon their income and is paid in addition to the basic child support. If the Court made a Child Support Order after May 1, 1997, the parent with whom the child lives is not required to claim the child support on their income tax return. Also, the parent who makes the child support payments under the Child Support Order cannot claim the child support payments as a deduction. You may apply to the court to make a change to your Child Support Order if there is a change in circumstances of either the parents or the children.

The parent’s may apply for Parenting Orders to determine their responsibilities, time and decision-making process on their children’s upbringing and well being. The parents are encouraged to agree on parenting and contact decisions with the children if possible, bearing in mind that the children are entitled to maximum contact with both parents. In a case where parents cannot agree on such matters, a Court will make a decision based on the best interests of the children. The legal community is reluctant to identify these as ‘custody’ and ‘access’ matters to avoid further conflict between the spouses. While determining parental responsibility, the focus for such orders is focused primarily on the best interests of the children. Contact Orders are meant to schedule time for children to spend time with other people in their lives, besides their parents. Contact Orders will also be made in the best interests of the child. A parent can apply for a Parenting or Contact Order by filing the required forms at a court where an action has already been started against the other spouse. If no action has been started, the application may be filed at any court in Alberta.

If you are contesting the divorce, you must attend a Parenting after Separation You must attend within 3 months of being served with the Statement of Claim. The plaintiff must have attended the seminar before bringing any application to the Court. Proof of attendance is required by Clerk of the Court before your divorce action can be scheduled for trial. If you are not challenging the divorce or if your children are over the age of 16 years, you are not required to attend the Parenting after Separation seminar. You must confirm in writing that you and your spouse entered into an agreement settling all issues between you.