Child Support and Spousal Support in Alberta: What You Need to Know

Support — both child support and spousal support — is one of the most common and most misunderstood areas of family law. There’s a lot of misinformation passed around between friends, family, and the internet, and what applies to someone else’s situation almost certainly doesn’t apply to yours.

Here’s a straightforward overview of how support works in Alberta, what you should expect, and what factors actually matter.

Child Support

Child support is money paid by one parent to the other to help cover the costs of raising children after separation. In Alberta, child support is considered a right of the child, not the parent. That means you can’t agree to waive it, and a court can override any agreement that doesn’t adequately provide for the children.

How It’s Calculated

Child support in Alberta is based on the Federal Child Support Guidelines. The calculation is relatively straightforward. It depends on two main things: the paying parent’s income and the number of children.

The Guidelines provide a table (organized by province) that sets out the basic monthly amount of child support based on these two factors. You can look up the tables online at the Department of Justice website, or use an online calculator to get an estimate.

The table amount is the starting point, but the final number can be adjusted based on your specific circumstances.

Shared Parenting and Child Support

If each parent has the children at least 40% of the time (roughly 146 nights per year), the court uses a different approach. Instead of one parent simply paying the table amount, both parents’ incomes are considered, and the support obligation is set based on the difference between what each would owe.

This doesn’t mean child support disappears in a shared parenting arrangement. It means the calculation is more nuanced. The higher-income parent typically still pays support, but the amount may be less than the straight table amount.

Section 7 Expenses (Special and Extraordinary)

On top of basic child support, parents may need to share certain additional expenses. These are called Section 7 expenses and include things like:

•        Childcare costs (daycare, after-school care)

•        Health-related expenses not covered by insurance (orthodontics, therapy, prescription medication)

•        Extracurricular activities (sports, music lessons, camps)

•        Post-secondary education costs

Section 7 expenses are typically shared proportionally based on each parent’s income. For example, if one parent earns 60% of the combined household income, they’d pay 60% of the agreed-upon Section 7 expenses.

Not every expense qualifies. The expense has to be “necessary” or “reasonable” in relation to the child’s needs and the family’s means. Elite hockey camp might qualify for a family that was already paying for it before separation; it might not for a family that can’t afford it.

When Child Support Ends

Child support doesn’t automatically stop at 18. Under the Divorce Act and Alberta’s Family Law Act, a child may still be considered a “child of the marriage” or a dependent if they’re unable to withdraw from their parents’ care — most commonly because they’re in full-time post-secondary education. Each situation is different, and it depends on the specific circumstances of the child.

Spousal Support

Spousal support is separate from child support. It’s money paid by one spouse or partner to the other after separation to address a financial imbalance between the parties.

Unlike child support, spousal support is not automatic. Whether it applies, how much, and for how long depend on the circumstances of the relationship.

Who Qualifies

You may be entitled to spousal support if:

•        You were married or in an adult interdependent (common-law) relationship in Alberta. For adult interdependent partners, you generally need to have lived together for at least three years, or have a child together, or have entered into an adult interdependent partner agreement.

•        There’s a significant income difference between you and your former spouse/partner after separation.

•        One partner made sacrifices during the relationship that affected their earning capacity — such as staying home to raise children, supporting the other partner’s education, or relocating for the other partner’s career.

How It’s Calculated

There’s no simple table for spousal support the way there is for child support. However, lawyers and judges commonly use the Spousal Support Advisory Guidelines (SSAG) as a starting point. The SSAG provide a range — both for the amount and the duration — based on factors like:

•        Length of the relationship

•        Income difference between the parties

•        Whether there are dependent children

•        Age of the parties at separation

The SSAG are guidelines, not law. A court can order support outside the ranges if the circumstances justify it. But in practice, most support orders fall within the SSAG range.

How Long Spousal Support Lasts

Spousal support isn’t always permanent. The SSAG suggest a duration based on the length of the relationship. As a rough guideline, support typically lasts for 0.5 to 1 year for each year of the relationship. A 10-year marriage might result in 5 to 10 years of support.

Longer relationships (especially 20+ years) and relationships where one partner has limited ability to become self-supporting may result in indefinite support. “Indefinite” doesn’t necessarily mean “forever” — it means there’s no set end date, and it can be reviewed later if circumstances change.

Spousal Support Can Be Changed

If there’s a material change in circumstances — like a significant income change, job loss, retirement, or remarriage — either party can apply to have spousal support varied. Support orders aren’t necessarily permanent even when they’re made.

Common Misconceptions

“My ex cheated, so they shouldn’t get support.” Spousal support in Alberta is based on financial need and the economic consequences of the relationship, not on fault. Infidelity doesn’t affect entitlement to support.

“We agreed to no support in our separation agreement.” You can agree to waive spousal support, and courts generally respect those agreements — but only if the agreement was fair, both parties understood what they were giving up, and there was financial disclosure. An agreement signed under pressure or without proper understanding can be set aside.

“Child support stops when my child turns 18.” Not necessarily. As mentioned above, support can continue for children pursuing post-secondary education or who are otherwise unable to support themselves.

“I can’t afford to pay support.” Courts take your ability to pay into account, but “I don’t want to pay” and “I can’t afford to pay” are different things. If your financial situation has genuinely changed, you can apply to have the amount varied.

Getting Help

Support calculations can be surprisingly complex once you account for shared parenting time, variable income, self-employment, Section 7 expenses, or situations where both child support and spousal support are in play at the same time.

Online calculators give you a rough idea, but they don’t account for the nuances of your specific situation. If you want to understand what you’d likely owe or receive, and what factors could change the number, a conversation with a lawyer is the most reliable way to get that clarity.

 

If you have questions about child support or spousal support in your situation, I can help you understand where you stand. Book a $100 consultation — applied to your first session if you decide to work with me.

 

This post is general information about Alberta family law and is not legal advice. Support calculations depend on the specific facts of your situation. If you need advice about your circumstances, please consult a lawyer.

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