Calgary's Child Support Lawyer

Child support is calculated using the Federal Child Support Guidelines in a divorce, or the Alberta Child Support Guidelines, which adopt the same tables, under the Family Law Act. Both consider the payor's Guideline Income, the number of children, and the parenting schedule. The calculation is standardized, but income determination can be complicated in complex divorce or for business owners or individuals with variable earnings. Read our full guide to how child support is calculated in Alberta.

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 starts from the total income on line 15000 of your tax return, adjusted under Schedule III of the Guidelines, for example by using the dividends actually received rather than their taxable amount and adding back capital cost allowance claimed on real property. A court may also look at the last three years where one year's figure would not be the fairest determination, include all or part of a corporation's pre-tax income where a shareholder's income does not fairly reflect all the money available for child support, or impute income under section 19 of the Guidelines. For business owners, a detailed financial review may be required to determine true income.

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. Our full guide: child support in shared (50/50) parenting.

Courts can impute income under section 19 of the Guidelines in circumstances that include a parent who is intentionally under-employed or unemployed (unless that is required by the needs of a child of the marriage or of the parents, or any child under the age of majority, or by the parent's reasonable educational or health needs), a parent who has failed to provide income information when legally required to, and income that appears to have been diverted in a way that would affect the level of child support. Where a parent is a shareholder, director or officer of a corporation and their reported income does not fairly reflect all the money available for child support, section 18 of the Guidelines can also bring all or part of the corporation's pre-tax income into the figure.

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. Our full guide: Section 7 special expenses.

Yes. A child support order can be varied when circumstances change. Where the order includes a table amount, section 14 of the Guidelines treats any change in circumstances that would result in a different order, such as a change in income, new Section 7 expenses or a change in the parenting schedule, as grounds to vary it. Support set by agreement can be revisited by a new agreement or by applying to court for an order. Annual income updates are recommended.

Retroactive support may be ordered when a parent:

• Failed to disclose income increases
• Paid less than required
• Delayed updating support
• Avoided financial disclosure

Courts can order support going back several years depending on the circumstance. Our full guide: retroactive child support in Alberta.

The Maintenance Enforcement Program (MEP) can enforce payment by:

• Garnishing wages
• Seizing bank accounts
• Suspending licences
• Registering liens
• Intercepting tax refunds

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:

• 18 and independent, or
• Over 18 but still dependent due to school, disability, or other factors

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 tax returns and notices of assessment, pay stubs, corporate financial statements, investment and rental income records, childcare and medical receipts, and post-secondary documentation. Complete disclosure helps make support accurate and enforceable.

Not necessarily. Child support can be resolved through negotiation, mediation, arbitration, or court. Legal guidance helps make calculations accurate and agreements enforceable, and helps address your child's needs.

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.