Nearly a year after Canada went into a lockdown because of COVID-19, Canadians are still suffering from the hardships that it created. Unemployment has skyrocketed as a result of the pandemic which has translated into an increased level of financial stress. This stress has made it even harder for parents to honour their obligations to pay child support. Many parents are still wondering how their obligations may have changed because of this economic situation.
Child Support During COVID-19
Normally, when a parent needs to vary the amount of child support they pay, it is up to them to obtain a new court order before the Maintenance Enforcement Program of Alberta (MEP) can change the amount that they collect. A variation in a child support order may be considered where there is a change in one or both of the parent’s circumstances. According to the Alberta Child Support Guidelines (ACSG) circumstances that may give rise to a variation order with respect to a child support order include:
– The number of dependent children the parent has;
– Special or extraordinary expenses under section 7 of the ACSG;
– A long-term change in income
The basic objective of child support according to both the ACSG and the Federal Child Support Guidelines is to ensure that the child continues to benefit from the financial means of both parents. This objective does not change because of COVID-19 but the financial means of parents might have. To account for this, and for the fact that the courts themselves have had to severely restrict the number of cases they hear, the MEP has allowed for temporary payment plans to be discussed.
On the MEP webpage it is stated that “COVID-19 impacts both you and the payment receiver – so missing payments is not an option. Instead, MEP will work with you to set up a temporary payment plan. You will need to show your loss of income.” This allows for some flexibility in fulfilling your child support obligations without having to worry about seeking a variation order from a court. However, it is worth restating that missing payments is not an option.
What Should I Do If I Cannot Afford Child Support Because of COVID-19?
If your income has been impacted by the COVID-19 pandemic and are now unable to pay your child support as you normally would, you should contact your MEP case officer to discuss a temporary payment plan. With proof of loss of income, parents should be able to work out a payment plan that will help to relieve some of the burden that COVID-19 has introduced into the lives of Canadians.
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