Child support in Alberta is governed by the Federal Child Support Guidelines and the Divorce Act (Canada) (for married parents) or the Family Law Act (Alberta) (for unmarried parents). Support is based on:
Child support is the right of the child (not the parents) and cannot be waived.
Base child support is determined using the Federal Child Support Tables. It covers:
The amount depends on:
In shared parenting arrangements (40%+ time with each parent), a set‑off calculation is generally used.
Each requires a tailored approach to valuation, division, and tax planning.
Section 7 expenses are additional costs that go beyond day‑to‑day needs. These may include:
These expenses are typically shared proportionate to each parent’s income.
Accurate income determination is essential. For employees, this is straightforward. For business owners, professionals, or individuals with variable income, it can be more complex.
Income may include:
The Guidelines allow the court to impute income if a parent is under‑employed, hiding income, or using corporate structures to reduce reported earnings.
Your corporate and tax background gives you a significant advantage in these cases.
When a parent owns a business or professional corporation, determining income may require:
A detailed analysis ensures child support reflects true financial capacity.
Parenting arrangements may affect how support is calculated:
Primary Parenting
One parent has the child more than 60% of the time.
→ The other parent pays full table support.
Shared Parenting (40%+ each)
Support is usually calculated using the set‑off method.
→ Each parent’s table amount is calculated, and the difference is paid.
Split Parenting
Each parent has at least one child primarily in their care.→ Each pays table support for the child(ren) in the other’s care.
Retroactive support may be ordered when:
Courts can order support going back several years, depending on the circumstances.
Child support can be varied when there is a material change in circumstances, such as:
Variations can be made through negotiation, mediation, arbitration, or court.
MEP can enforce child support orders and agreements by:
MEP is a powerful tool when a parent is not paying support.
STEP 1: Determine Parenting Arrangement
This affects the calculation method.
STEP 2: Establish Guideline Income
Using tax returns, financial statements, and supporting documents.
STEP 3: Calculate Base Child Support
Using the Tables in the Federal Child Support Guidelines.
STEP 4: Identify Section 7 Expenses
Determine which expenses qualify and how they should be shared.
STEP 5: Draft a Support Agreement or Order
Ensuring clarity, enforceability, and long‑term stability.
STEP 6: Review Annually (Unless Otherwise Agreed)
Income updates ensure support remains fair and accurate.
Child support services are available to clients across:
Child support is one of the most important financial issues in any separation. Whether your matter involves straightforward income, complex corporate structures, or disputes over Section 7 expenses, the right guidance ensures your child’s needs are met and your rights are protected.
With informed, strategic advice, you can move forward with clarity, confidence, and a support arrangement that works for your family.
Child support is calculated using the Federal Child Support Guidelines, which consider the payor’s Guideline Income, the number of children, and the parenting schedule. The calculation is standardized, but income determination can be complex for business owners or individuals with variable earnings.
Base (table) child support covers day‑to‑day needs such as food, clothing, and basic shelter.
Section 7 expenses are additional costs like childcare, medical expenses, extracurricular activities, and post‑secondary education. These are usually shared proportionate to each parent’s income.
Guideline Income is based on Line 15000 of your tax return, adjusted for factors such as:
If each parent has the child 40% or more of the time, support is calculated using the set‑off method. Each parent’s table amount is determined, and the difference is paid by the higher‑income parent.
Courts can impute income when a parent is intentionally under‑employed, failing to disclose income, or using corporate structures to reduce reported earnings. This ensures support reflects actual financial capacity.
Section 7 expenses are shared based on each parent’s proportionate income. For example, if one parent earns 70% of the combined income, they typically pay 70% of Section 7 costs.
Yes. Child support can be varied when there is a material change in circumstances, such as income changes, new Section 7 expenses, or changes in the parenting schedule. Annual income updates are recommended.
Retroactive support may be ordered when a parent:
Courts can order support going back several years depending on the circumstance.
The Maintenance Enforcement Program (MEP) can enforce payment by:
MEP is a powerful enforcement tool when support is unpaid.
Yes. Child support for unmarried parents is governed by Alberta’s Family Law Act, but the calculation method is the same as for married parents under the Federal Guidelines.
Support typically continues until a child is:
Post‑secondary support is common and often includes tuition, books, and living expenses.
Parents can negotiate support, but agreements must be consistent with the child’s best interests. Courts may set aside agreements that significantly deviate from the Guidelines without justification.
Common documents include:
Complete disclosure ensures accurate and enforceable support.
Not necessarily. Child support can be resolved through negotiation, mediation, arbitration, or court. Legal guidance ensures calculations are accurate, agreements are enforceable, and your child’s needs are fully addressed.
The first step is a consultation to review income, parenting arrangements, Section 7 expenses, and your goals. From there, a clear strategy is developed to ensure your child’s financial needs are met and your rights are protected.
Content posted on our website is not legal advice. Please contact us for legal advice specific to your unique circumstances.