Parents of children with special needs face unique challenges when navigating child support arrangements in Alberta’s family court system.
The standard child support guidelines may not fully address the additional financial responsibilities associated with raising a child who has physical, mental, or developmental disabilities.
Understanding how Alberta courts handle special needs cases can help families secure appropriate support levels that reflect their children’s actual requirements.
Special Needs Considerations in Alberta Child Support
- Medical expenses beyond Alberta Health coverage
- Specialized therapy and treatment costs
- Educational support and specialized programs
- Adaptive equipment and assistive devices
- Respite care and specialized childcare
- Transportation to medical appointments
Section 7 Expenses for Special Needs Children
Section 7 of the Federal Child Support Guidelines specifically addresses special expenses that can be claimed above basic child support amounts.
- Ongoing medical treatment costs
- Health insurance premiums
- Therapeutic services
- Special education programs
- Extracurricular activities for development
Documentation Requirements
Alberta courts require detailed documentation to support claims for additional support for special needs children.
- Medical diagnoses and assessments
- Treatment plans from healthcare providers
- Cost estimates for ongoing care
- Receipts for current expenses
- Insurance coverage details
Legal Resources in Edmonton
Several organizations in Edmonton provide support for families seeking special needs child support arrangements:
- Edmonton Community Legal Centre: 780-702-1725
- Legal Aid Alberta: 1-866-845-3425
- Alberta Law Libraries: 780-422-2342
- Disability Services Alberta: 780-427-4354
Financial Planning Considerations
Parents should consider these long-term financial planning elements:
- Registered Disability Savings Plans (RDSP)
- Special needs trusts
- Tax credits and deductions
- Government assistance programs
- Insurance coverage options
Next Steps for Parents
Contact an Edmonton family lawyer who specializes in special needs cases to review your specific situation.
Gather all relevant medical documentation and financial records before your initial legal consultation.
Consider joining local support groups for parents of children with special needs to share experiences and resources.
For immediate assistance, contact the Edmonton Family Law Office at 780-427-7575 to schedule a consultation about your child support case.
Court Application Process
When seeking modified child support for special needs children, parents must follow specific court procedures:
- File Notice of Motion with supporting affidavits
- Include detailed financial statements (Form FL-12)
- Submit expert reports and assessments
- Provide notice to other parent
- Attend mandatory mediation sessions
Modification of Existing Orders
Existing child support orders can be modified when circumstances change significantly:
- New medical diagnosis
- Changes in treatment requirements
- Increased care costs
- Changes in either parent’s income
- New special needs programs or therapies
Timeline for Modifications
- File application within 30 days of change
- Provide updated documentation
- Allow 3-6 months for court process
Working with Medical Professionals
Establish relationships with healthcare providers who can:
- Provide expert testimony if needed
- Document ongoing care requirements
- Forecast future medical needs
- Recommend appropriate treatments
- Assess developmental progress
Securing Your Child’s Future
Take proactive steps to ensure long-term support for your child with special needs:
- Maintain detailed records of all special needs expenses
- Review support arrangements annually
- Stay informed about available government programs
- Build a network of medical and legal professionals
- Plan for future care requirements
Remember that Alberta’s family court system aims to ensure children with special needs receive appropriate support for their unique circumstances. Working with experienced professionals and maintaining thorough documentation will help secure the necessary resources for your child’s care and development.
FAQs
- What factors are considered when determining child support for a special needs child in Alberta?
Courts consider the child’s medical needs, therapy requirements, specialized equipment, educational support, respite care costs, and any additional expenses related to the child’s disability beyond the standard child support guidelines. - Can child support extend beyond the age of majority for a special needs child in Alberta?
Yes, child support can continue beyond the age of 18 if the child remains dependent due to disability or illness, as per Section 3(2) of the Alberta Child Support Guidelines. - How are extraordinary expenses calculated for special needs children in Alberta?
Extraordinary expenses are calculated based on actual costs of medical treatments, therapies, specialized programs, and equipment not covered by insurance or government programs, with parents typically sharing costs proportionate to their incomes. - What documentation is required to prove special needs expenses in Edmonton family court?
Medical diagnoses, treatment plans, receipts for medical expenses, therapy costs, educational assessments, and documentation of government benefits or insurance coverage are required. - Can the Disability Tax Credit affect child support calculations in Alberta?
Yes, the Disability Tax Credit can impact support calculations and should be disclosed during proceedings, as it may affect the overall financial assessment and support obligations. - How often can child support be reviewed for a special needs child in Alberta?
Support orders can be reviewed when there is a material change in circumstances, such as significant changes in medical needs, treatment costs, or either parent’s income. - What government benefits should be considered when calculating support for special needs children?
Benefits include AISH (Assured Income for the Severely Handicapped), Family Support for Children with Disabilities (FSCD), and federal disability benefits must be considered in support calculations. - How are respite care costs handled in Alberta child support agreements for special needs children?
Respite care costs are typically considered section 7 expenses under the Guidelines and are usually shared proportionately between parents based on their respective incomes. - What happens if a parent cannot afford the additional costs associated with special needs support?
Courts may order payment plans, adjust support amounts based on ability to pay, or direct parents to seek available government assistance programs while ensuring the child’s needs are met. - Can child support be adjusted if the special needs child’s medical conditions change?
Yes, either parent can apply for a variation of the support order if there are significant changes in the child’s medical conditions or care requirements.
