When a relationship ends, one of the first questions people ask is simple: how much support will I receive? The honest answer is that there is no single number, but there is a clear method. Child support in Alberta follows set tables based on income in accordance with the Federal Child Support Guidelines. Spousal support starts with whether you are entitled to it at all and then uses advisory ranges to set the amount and duration, most often in accordance with the Spousal Support Advisory Guidelines.
At OP Lawyers LLP, our Calgary Family Lawyers help clients understand what they can realistically expect, whether they are receiving or paying support. This article explains how each type of support is calculated and what can change the numbers.
How Child Support Is Calculated in Alberta
Child support is the more predictable of the two. Married parents who divorce fall under the Federal Child Support Guidelines. Unmarried parents fall under the Alberta Child Support Guidelines, which closely mirror the federal rules. In both cases, child support belongs to the child and cannot be waived by the parents.
The basic monthly "table amount" depends on three things:
- the paying parent's gross annual income (before tax), with Line 15000 of the tax return as the starting point;
- the number of children; and
- the child support table.
The Government of Canada's online Child Support Table Look-up is a useful way to get a rough estimate.
Parenting time changes the calculation:
- Primary parenting: where the children live mainly with one parent, the other parent usually pays the full table amount.
- Shared parenting: where each parent has the children at least 40% of the time, both parents' table amounts are calculated. Courts often start from the difference between them, then consider each household's costs and means.
- Split parenting: where each parent has at least one child living mainly with them, each parent's obligation is calculated and paid to the other parents based on the number of children in the care of the other parent.
Special or extraordinary expenses are paid on top of the table amount. These are often called Section 7 expenses and can include childcare, uninsured medical and dental costs, some extracurricular activities, and post-secondary education. They are generally shared in proportion to each parent's income.
Where the paying parent earns more than $150,000 a year, the court has some discretion over the portion of income above that level, although in Alberta, this rarely occurs.
How Spousal Support Is Calculated in Alberta
Spousal support, also called partner support, works differently. There is no automatic right to it. The court first asks whether you are entitled to support, and only then asks how much and for how long.
Entitlement usually rests on one of three grounds:
- Compensatory: you gave up career or earning opportunities during the relationship, for example to raise children or support your partner's career.
- Needs-based: you cannot meet your reasonable needs after separation.
- Contractual: a marriage contract, cohabitation agreement or separation agreement provides for support.
Support is available to married spouses and to adult interdependent partners in Alberta.
The amount and duration are usually guided by the Spousal Support Advisory Guidelines (SSAG). They are not binding law, but Alberta courts and lawyers rely on them heavily.
Where there are no dependent children in the formula, the SSAG formula looks at the gap between the spouses' gross incomes and the length of the relationship.
In some case, the duration for support can be 0.5 to 1 year of support for each year you lived together. Although, this is case by case basis and is significantly impacted with children. Support may be indefinite after around 19 to 20 years.
Where there are dependent children, a different formula applies. Child support is calculated first and takes priority. Spousal support is then set so the recipient's household ends up with roughly 40% to 46% of the couple's combined net disposable income. Lawyers use specialized software for this calculation.
Support may be paid monthly, as a lump sum, or through an adjustment in the division of property. Although, if the matter proceeds with court, support is most often paid by way of monthly payments. To understand your options, contact one of our experienced calgary divorce lawyers today.
What Can Change the Numbers
The formulas are only as good as the information that goes into them. Several issues regularly change the final amount:
- Your true income. Income for support purposes are broad. It can include bonuses, commissions, investment income, rental income, pensions and some government benefits. For self-employed parents, personal expenses run through a business may be added back to income.
- Imputed income. If a parent is intentionally unemployed or underemployed, or is hiding income, the court can assign an income based on their education, work history and earning capacity.
- Financial disclosure. Both parties must provide full and timely disclosure, typically three years of tax returns and Notices of Assessment, recent pay stubs, and business financial statements where relevant. Failing to disclose can lead to court orders, imputed income and costs.
- Retroactive support. Following the Supreme Court of Canada's decisions in D.B.S. v. S.R.G. and Colucci v. Colucci, support can be ordered for past periods when it should have been paid. It usually starts from the date the other party received effective notice, and is presumptively limited to three years before formal notice unless the payor acted in a blameworthy way.
- Changes over time. Support can be varied if there is a material change in circumstances, such as a job loss, a significant raise or a change in parenting time.
Speak With a Calgary Family Lawyer
Every family's support payments are different, and small details can change the outcome by thousands of dollars a year. At OP Lawyers LLP, our Calgary Family Lawyers can review your financial information, run the calculations under the Child Support Guidelines and the SSAG, and give you a realistic picture of what to expect. Whether you are receiving or paying support, early advice helps you negotiate from a position of confidence. Contact OP Lawyers LLP to book a consultation.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified Calgary family lawyer at OP Lawyers LLP or another legal professional.