Child Support in Alberta

Child support is one of the most important—and often misunderstood—issues in Alberta family law. Whether parents were married or never lived together, all parents have a legal obligation to financially support their children.

At Morrison LLP, our Edmonton child support lawyers regularly assist parents who are:

• Seeking child support for the first time
• Paying too much or too little child support
• Dealing with arrears or enforcement through Maintenance Enforcement
• Sharing parenting time and unsure how support is calculated
• Supporting adult children in post-secondary education

This guide explains how child support works in Alberta, including how it is calculated, enforced, recalculated, and changed over time. This is general legal information only, not legal advice for your specific situation.

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What Is Child Support?

Child support is money paid by one parent to the other parent to help cover the costs of raising a child.

Most commonly, child support is paid by the parent who earns more money to the parent who has primary care of the child. However, both parents may owe child support to each other in shared parenting arrangements (where each parent exercises parenting time at least 40% of the time).

Child support in Alberta is determined primarily by:

1. The number of children, and
2. The payor parent’s gross annual income

In most cases, parents are required to pay exactly the amount set out in the Federal Child Support Guidelines, unless there is a legally valid reason to depart from the tables.

Importantly, child support applies to both married and unmarried parents. Parents do not need to have lived together, been married, or had a formal relationship for child support obligations to exist.

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Why Does Child Support Exist?

Under Alberta law, child support is the legal right of the child, not the parent receiving support.

This means:

• Parents cannot agree to waive child support
• Parents cannot trade parenting time for reduced support
• A child is entitled to benefit from the income of both parents, regardless of the parents’ relationship with each other, or the child.

Even if a parent has little or no parenting time, they are still required to financially support their child.

The goal of child support is to ensure that children:

• Have their basic needs met
• Enjoy a reasonable standard of living
• Are not financially disadvantaged by their parents’ separation.

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Types of Ongoing Child Support in Alberta

Under the Federal Child Support Guidelines, there are two main categories of child support: Section 3 (monthly) support and Section 7 (extraordinary) support.

1. Base (Section 3) Child Support

Base child support—often called “table child support”—is a monthly payment made by one parent to the other.

Section 3 child support is intended to cover a child’s ordinary living expenses, including:

• Food
• Clothing
• Housing
• Transportation
• Basic school supplies
• Incidental day-to-day expenses

The amount of base child support depends on:

• The number of children, and
• The payor parent’s gross annual income

The federal government provides an online child support calculator that allows parents to estimate their monthly obligation. However, legal advice is strongly recommended before finalizing any agreement or court order.

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Child Support in Shared Parenting Arrangements (Section 9)

In shared parenting arrangements—where each parent has the child at least 40% of the time—child support is governed by Section 9 of the Guidelines.

In these cases, courts often apply a set-off approach, where:

• Each parent’s table amount is calculated, and
• The lower amount is deducted from the higher amount

Example:
John and Mary share parenting of one child.

• John’s table support obligation: $1,000/month
• Mary’s table support obligation: $500/month

John would pay Mary $500 per month, reflecting the set-off.

However, shared parenting does not automatically result in a straight set-off. The court may adjust the amount after considering:

(a) The table amounts for each parent

(b) The increased costs of shared parenting

(c) The financial means, needs, and circumstances of both parents and the child.

Each case is assessed individually.

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2. Special or Extraordinary (Section 7) Child Support

Section 7 child support covers special or extraordinary expenses that go beyond normal living costs.

Common Section 7 expenses include:

• Childcare expenses required for employment, education, illness, or disability
• Medical and dental insurance premiums attributable to the child
• Uninsured health expenses (e.g., orthodontics, glasses, prescription medication)
• Extraordinary educational expenses (e.g., specialized language programs or private tutoring)
• Post-secondary education expenses, including tuition and mandatory fees
• Extraordinary extracurricular activities (e.g., competitive sports or intensive arts training)

Section 7 expenses are usually shared proportionally based on the parents’ incomes.

For Example:

• Parent A earns $60,000
• Parent B earns $40,000
• Combined income: $100,000

Parent A pays 60% of the expense, and Parent B pays 40%.

It is critical that Section 7 expenses are clearly listed in the child support order or agreement, as vague wording can make enforcement difficult.

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Child Support for Adult Children

Child support obligations do not automatically end when a child turns 18.

An adult child may still be entitled to child support if they:

• Are enrolled in post-secondary education, or
• Are unable to become financially independent due to physical or psychological conditions

In these cases, courts apply the factors set out in Farden v. Farden, including:

• Whether the child is enrolled full-time or part-time
• Eligibility for student loans, grants, or bursaries
• Whether the child has applied for financial assistance
• The child’s career plans and academic performance
• The child’s age and ability to work part-time
• The parents’ expectations during the relationship
• Whether the child has terminated their relationship with the payor parent

These factors are assessed holistically, and legal advice is strongly recommended.

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Retroactive Child Support and Arrears

Can I Apply for Retroactive Child Support?

Yes. Either parent may apply for retroactive child support, meaning support that applies to a period in the past.

Recipient parents often seek retroactive support when:

• The payor refused to pay support
• The payor underreported income
• Section 7 expenses were not reimbursed.

Payor parents may seek retroactive adjustments when:

• They lost employment or experienced a significant income drop
• The original support amount was based on incorrect income
• Arrears have accumulated unfairly.

Retroactive applications are often combined with requests involving enforcement through Alberta Maintenance Enforcement Program (MEP).

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Effective Notice and Formal Notice

Courts rely on two key dates when determining retroactive child support:

• Effective Notice:
  The first time the other parent was informed that child support should be reviewed. This can be a text message, email, or conversation—but written proof is strongly preferred.
• Formal Notice:
  The date the court application was filed.

Generally, courts will go back to the date of effective notice, up to a maximum of three years before formal notice.  That said, you should talk to a lawyer about your specific situation if you would like to recalculate further.

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When Can Courts Go Back Further?

Courts may go back further than three years in exceptional circumstances, including:

• Reasonable delay due to poverty, fear, or lack of information
• Blameworthy conduct such as hiding income or intimidation
• Deprivation suffered by the child
• Hardship caused by a lump-sum repayment

Courts rarely cancel arrears entirely. Instead, they often restructure repayment schedules. Complete cancellation is reserved for rare cases involving permanent inability to work.

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How Is Child Support Calculated in Alberta?

Step 1: Determine the Parenting Arrangement

• Primary parenting: One parent pays Section 3 support
• Shared parenting: Both parents’ obligations are calculated and set off

Section 7 expenses are shared proportionally in both cases.

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Step 2: Determine Each Parent’s Income

Parents are required to exchange financial disclosure, including:

• Tax returns and Notices of Assessment
• Pay stubs
• Business or corporate records (for self-employed parents)

If income cannot be accurately determined, courts may impute income, including in cases of intentional underemployment. For example, if a surgeon quits his job to become a barista because he no longer feels like paying so much in child support, he may still need to pay child support based on the surgeon’s income.

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Step 3: Calculate Section 3 Support

Revenue Canada provides an online child support calculator which can provide parents with their estimated monthly obligations.  However, you should speak with a family lawyer before finalizing an agreement, or applying for an order, because the lawyer will have access to the latest child support software.

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Step 4: Calculate Section 7 Support

Parents will need to compile all of their receipts for any valid special expense.  These receipts are then submitted for reimbursement from the other party, based on a proportional split.  It is important that your child support order specifically mentions which Section 7 expenses are applicable, because otherwise it will be difficult to enforce an expense.

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Step 5: Child Support Recalculation Program

The Alberta Child Support Recalculation Program is a free service offered by the government which automatically recalculates simple child support orders annually, based on the new year’s financial information.

This program is helpful for parents who work as employees, however, it is not available for parents who are self-employed, or earn significant amounts of income from non-employment sources (like dividends or capital gains).

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How Is Child Support Enforced in Alberta?

Most child support orders are registered with Alberta Maintenance Enforcement Program (MEP).

MEP can:

• Garnish wages
• Seize bank accounts
• Suspend driver’s licences
• Intercept tax refunds

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Stay of Enforcement

If a payor experiences job loss, illness, or reduced income, MEP will continue enforcement until a new order is issued.

In urgent cases, a payor may apply for a stay of enforcement, which temporarily halts enforcement for up to 9 months, often with reduced interim payments.

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Speak With an Edmonton Child Support Lawyer

If you need child support, are paying too much, or are dealing with enforcement or arrears, speak with a family lawyer at Morrison LLP.

📞 587-758-1099
🕒 First 30 minutes free

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