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Child support and spousal support in Alberta

Support is usually the largest ongoing financial question after separation. We help you understand what the law expects, calculate support accurately, and change it when circumstances change.

Child support is the right of the child. In Alberta, the amount is generally set using the Federal Child Support Guidelines, based mainly on the paying parent’s income and the number of children. Spousal support is different: whether it is payable at all depends on the circumstances of the relationship, and the Spousal Support Advisory Guidelines are then used to suggest a range for amount and duration.

Child support

  • Table amount: based on the paying parent’s annual income and the number of children.
  • Special or extraordinary expenses: such as childcare, medical costs and some activities, usually shared in proportion to income.
  • Shared parenting: where each parent has the children at least 40 percent of the time, a different calculation can apply.
  • Income questions: self-employment, bonuses, cash income and underemployment can all affect the calculation.

Spousal support

Entitlement can arise because one spouse sacrificed career opportunities for the family, because of need, or because of an agreement. If there is entitlement, the advisory guidelines suggest a range for the amount and how long it is paid, which the parties or the court then apply to the facts.

Changing support

Support can be changed when there is a material change in circumstances, such as a significant change in income, a change in where the children live, or a child becoming independent. Child support is generally reviewed when income changes, and both parents have ongoing obligations to disclose income.

Collecting support

Support orders and agreements in Alberta can be registered with the Maintenance Enforcement Program, which collects and enforces payments.

How a support matter usually proceeds

  1. Disclosure

    Both parties exchange income information: tax returns, notices of assessment and pay records.

  2. Calculation

    We calculate support under the guidelines and identify any disputed issues.

  3. Negotiation

    We work toward an agreement, or bring an application if one cannot be reached.

  4. Order or agreement

    Support is recorded in an agreement or court order and can be enforced.

Frequently asked questions

Can parents agree to no child support?

Generally not if it is below what the guidelines require. Courts can set aside arrangements that do not provide adequate support for the child.

How long does spousal support last?

It depends on the length of the relationship, the ages of the parties, whether there are children and other factors. Some awards are time-limited; others are indefinite.

What if my ex is hiding income?

Courts can impute income where a party is intentionally under-employed or not disclosing income. Careful review of financial documents is often the key.

Talk to a lawyer about your situation

Book a consultation online, or call us at 587-393-3958, Monday to Friday, 9:00 a.m. to 5:00 p.m.

The information on this page is general information, not legal advice, and may not reflect recent changes in the law. Contacting UMPC Law does not create a lawyer–client relationship.