Child Support

Child support is payments made that provide financial support for the benefit of the child.

Child support is the right of the child. It is usually paid monthly, by one parent to another. It is calculated using a set formula. Child support applies whether the parents are married or not.

Last Reviewed: March 2021

All parents have an obligation to financially support their child. This obligation exists even if the child does not live with the parent, the parents are not married to each other, the parent does not have a relationship with the child, or the parent lives in another province or country.

A parent can apply for child support if the parent has care and control of the child. A judge can also order that one parent pay child support to the other parent.

A parent must pay child support if they are:

• the biological parent
• the adoptive parent
• named as a child’s parent in a court order, or
• an adult that has acted like a parent to the child.

An adult has acted like a parent (“stood in the place of the parent”) if that person:

• is married to or was in a relationship of interdependence of some permanence with the child’s parent (such as a stepparent), and
• has treated the child as their own.

Last updated: March 2021

A judge decides if a stepparent or other adult should pay child support for the child. A stepparent may have to pay child support if they have acted like a parent (“stood in the place of a parent”). This happens if that person was married to or in a relationship of some interdependence with the child’s parent. The law says that the child’s parents have a bigger obligation to pay child support over someone who is standing in the place of a parent.

Last updated: March 2021

You must pay child support until your child is at least the age of majority (18 years in Alberta).

If your child is over the age of majority, you may have to keep paying child support if your child cannot support themselves because of an illness, a disability or another cause (such as pursuing reasonable education).

Last Reviewed: March 2021

Both Canada’s Divorce Act and Alberta’s Family Law Act talk about child support. You need to decide which law applies to your situation.

Last updated: March 2021

The obligation to pay child support and calculating it are the same under both Acts. What is different is who can use each Act.

Canada’s Divorce Act applies to all married and divorced people across Canada. Some married couples start out using the Family Law Act when they separate to deal with child support and other issues. When they apply for divorce, they must switch to using the Divorce Act. This change is for court processes and does not change child support entitlements, payments, etc.

Alberta’s Family Law Act applies to any family situation in Alberta – married or unmarried.

Last updated: March 2021

No. Child support payments are tax neutral. The payor (person paying child support) cannot make a tax deduction for the payments. And the recipient (person receiving child support) cannot declare the payments as taxable income.

Last updated: March 2021

Yes. Child support and parenting time are two different issues. You cannot withhold child support payments if your ex does not let you see your kids.

If you have a court order with a police enforcement clause, then you can go to the police for help enforcing your right to time with your children. If your court order does not have a police enforcement clause, you can apply to the court for an enforcement order.

There may be consequences if you stop paying child support. The court may interpret you stopping payments as not acting in the best interests of your child, which may affect your parenting time. As well, the court can order you to retroactively pay the child support you did not pay.

Last updated: March 2021

Yes. Having a new family or new financial obligations are not valid excuses to stop paying the full amount of child support to the children from a previous relationship. If your new financial obligations mean that you or any of your children would suffer undue financial hardship, you must provide evidence of this to the judge.

Undue financial hardship can occur when the parent:

• has an unusually high level of family debt incurred before the separation
• incurs high expenses in spending parenting time with the child (such as travel)
• has to support other people.

Last updated: March 2021

Child support is made up of two parts:

1. Basic Amount: The basic amount of child support is meant to cover basic living expenses for the child. The basic amount is sometimes called the “section 3 amount” or the “table amount” of child support because it is calculated according to the Federal Child Support Guidelines (if using the Divorce Act) or the Alberta Child Support Guidelines (if using the Family Law Act). The federal and Alberta child support guidelines (CSG) are the same. The table amount is based on the number of children and the gross annual income of the payor. It is mandatory. There are only limited exceptions when the CSG will not apply.
2. Special Expenses: Special expenses are also called “extraordinary expenses” or “section 7 expenses.” These are expenses that are not basic living expenses. These expenses could be for things like extracurricular activities, post-secondary education, or unexpected medical expenses. Parents usually share these expenses in proportion to their incomes.

You can use the Government of Canada’s online calculator to calculate child support.

Last Reviewed: March 2021

Parents can agree to pay child support in a written agreement, such as in a pre-nuptial agreement, cohabitation agreement or separation agreement. If the parents cannot agree on child support, then a judge decides how the parents will pay child support.

Parents cannot give up rights to their child in exchange for not paying child support.

Last Reviewed: March 2021

The parenting arrangements affect who pays child support and how much.

1. Primary care to one parent

If the children live with one parent more than 60% of the time in a year, then the other parent pays child support based on the Guidelines.

2. Shared parenting

Where the children live with each parent at least 40% of the time in a year, child support is not a straightforward calculation. The Guidelines are a starting point. Each shared child counts as a child in both households. Calculate the difference between the two amounts (the “set-off” amount). However, the amount of child support must also take into account:

• the increased costs of shared parenting arrangements, and
• the condition, means, needs and other circumstances of each parent and the children.

Sometimes the set-off amount will be appropriate and sometimes it will not be. An arbitrator or judge can decide what child support should be.

3. Split parenting

Split parenting is where one child lives with one parent at least 60% of the time, and the other child lives with the other parent at least 60% of the time. Calculate child support using the appropriate Guideline for each parent based on the number of children in the other

parent’s care. The parent with the higher table amount pays the difference between the two amounts (the “set-off” amount) to the other parent.

Last updated: March 2021

A judge can order that one parent pay more or less than the table amount in the Guidelines when:

• the child spends equal time with both parents (shared parenting)
• the payor is standing in the place of a parent but is not a biological or adoptive parent
• the payor earns more than $150,000 a year
• the child is over 18
• the payor would suffer undue financial hardship if the judge ordered them to pay the table amount

Undue financial hardship can occur when the parent:

• has an unusually high level of family debt incurred before the separation
• incurs high expenses in spending parenting time with the child (such as travel)
• has to support other people.

Last updated: March 2021

If one parent has a very high income, then the children of that parent should be able to enjoy the lifestyle that would normally go along with that income even though the family no longer lives together. The Guidelines provide a percentage amount in addition to the usual payable amount to increase the child support payment to better reflect the family’s financial circumstances.

Last updated: March 2021

Yes. Child support can change if:

• new and important evidence comes up that was not available when the original order or agreement was made (such as financial information), or
• the circumstances of one of the parents has changed since the original order or agreement was made.

Some examples of a change in circumstances are:

• a parent making a lot less or a lot more money
• changes to the amounts for special expenses, or
• a change in the parenting arrangements (for example, the child moves to live with the other parent).

Last updated: March 2021

Ideally, you and your ex will openly share financial information (such as your Notice of Assessment) each year to keep the amount of child support being paid current. By doing so, you can hopefully avoid claims for retroactive child support.

If your ex is not providing you with updated financial information and you think they are incorrectly reporting their income, you have options:

• If you have a child support order, contact Alberta’s Child Support Recalculation Program to see if you qualify for the program. They can use tax information to calculate child support each year.
• Go to court and ask for retroactive child support.

Last updated: March 2021

You have a few options:

1. You and the other parent can agree to change the amount of child support one parent is paying, say if one parent’s income changes. If you have a court order and agree to a different amount, you should go to court to update the order (such as with a consent order).
2. Some provinces have child support recalculation programs that can annually recalculate child support without you having to go to court. The courts can review decisions of these programs. For example, Alberta has the Child Support Recalculation Program that can recalculate child support in some situations.
3. You can apply to court to change (vary) a child support order. You will have to show financial evidence to the judge.

Last updated: March 2021

Retroactive child support is child support a judge orders a parent to pay to make up for not paying the proper amount of child support in the past.

Whether or not the judge orders this depends on the circumstances of each case. Retroactive child support usually only goes back a maximum of 3 years from when child support was requested in a court application unless the payor was involved in blameworthy conduct.

Last updated: March 2021

The court looks at:

• Does the person requesting child support have a reasonable excuse for why they did not ask for child support earlier?
• Has the payor been involved in blameworthy conduct in relation to the child support?
• What were the children’s circumstances during the time that child support was not paid?
• Would an order for retroactive child support cause financial hardship to the payor?

Last updated: March 2021

Blameworthy conduct means the payor put their personal interests ahead of the child’s interest to receive child support. This could mean that the payor did not provide updated income information, refused to provide current financial information, lied about their financial situation, or hid or diverted money.

Last updated: March 2021

If a parent is not paying child support, you can take a few steps:

1. Register your child support order or agreement with the maintenance enforcement program or office in your province. For example, Alberta has the Maintenance Enforcement Program.
2. Go to court and ask the judge to order the other parent pay you child support arrears. Child support arrears are overdue child support payments. When child support is in arrears, a judge can:

• order the payor to pay the full amount in arrears
• change the amount in arrears, or
• cancel the amount in arrears.

Last updated: March 2021

Judges are very hesitant to change or cancel the amount in arrears. There would have to be a really good reason why the parent should not have to pay the arrears, such as if it would be really unfair for the payor to pay the amounts owing. Usually, judges will postpone the payments or allow the payor to pay the amount they owe over time instead.

If a payor is asking a judge to change or cancel child support arrears, they must:

• provide full financial disclosure
• prove that there has been a significant and long-lasting change to their income
• have made efforts to earn more money
• have a good reason for not asking the judge to change the child support order or agreement at the time when their income changed (instead of letting arrears add up)

Having a new family or new financial obligations are not valid excuses to stop paying the full amount of child support to the children from a previous relationship. If your new financial obligations mean that you or any of your children would suffer undue financial hardship, you must provide evidence of this to the judge.

Undue financial hardship can occur when the parent:

• has an unusually high level of family debt incurred before the separation
• incurs high expenses in spending parenting time with the child (such as travel)
• has to support other people.

Last updated: March 2021

A maintenance enforcement program or office is a government office that can help collect child support payments in different ways:

• garnishing funds owed to the payor by the federal government (such as income tax refund) or by the payor’s employer
• garnishing funds from the payor’s bank account
• withholding vehicle registrations or suspending the payor’s driver’s license
• restricting hunting and fishing licenses
• denying and cancelling federal licenses, such as passports
• registering notices against real property (land) or personal property
• seizing assets
• affecting the payor’s credit rating

You must register your court order or agreement with the program first. Check with the program in your province or territory for more information. In Alberta, see the Maintenance Enforcement Program.

Last updated: March 2021