Child support is money paid by one parent/guardian, called the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent., typically to another parent/guardian, called the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent.. It is meant to financially support the child if the parents do not live not together or if the parents live together but one parent is not properly providing for the child.
Child support payments are based on the gross incomes of one or both parents/guardians, depending on who the child lives with.
On this page, “parent” refers to both parents and guardians.
Need to know
- Child support is a legal right of a child — not of the parent receiving it.
- A parent must provide financial support for their child, no matter what their relationship is with their child or the other parent.
- Child support is calculated using the Child Support Guidelines.
- Child support is the same for all separated and divorced parents.
- A parent must continue to pay child support after the child turns 18 if the child still financially depends on their parents.
What is child support
Child support is a child’s right by law.
Every parent has an obligation to financially support their child. This obligation exists even if:
- the child does not live with that parent
- the parents are not in a relationship with each other
- the parent does not have a relationship with the child
- the parent lives in another province or country
- the parents live together but one parent is not properly providing for the child even though they are capable of doing so
The Child Support Guidelines set out the types of child support and how to calculate each type. They are law and apply to all separated and divorced parents. The Guidelines set out child support amounts in tables that are based on the gross incomes of one or both parents, depending on the parenting arrangement, as well as the number of children and the province the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. lives in.
Two laws about child support
Two laws in Alberta deal with child support: the Divorce Act and the Family Law Act.
The Divorce Act applies to divorced parents or parents who are married but separated. It is a federal law that applies across Canada. It uses the Federal Child Support Guidelines to calculate child support.
The Family Law Act applies to married or unmarried parents. It is a provincial law that only applies in Alberta. It uses the Alberta Child Support Guidelines to calculate child support.
Child support is calculated the same way under both laws as the two guidelines are the same. On this website, “Child Support Guidelines” refers to either of these guidelines.
To calculate child support payments, you and the other parent must share your financial information with each other. You should continue to share your finances with each other every year even if your work situations do not change. This allows you both to make sure the amount of child support stays current.
You can recalculate child support as need be. If the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. has not been paying enough child support, the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. can ask for back pay, called retroactive child support (explained further below). If the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. has been overpaying child support, they can ask the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. for a credit.
Types of child support
There are two types of child support. A payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. usually has to pay both types of child support.
Section 3 child support
This provides for a child’s day-to-day expenses such as housing, food, clothing and school supplies. It is sometimes called the “basic amount” or “table amount” of child support. The payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. must pay this amount.
The Child Support Guidelines set out how to calculate Section 3 child support based on the gross incomegross income Income before taxes are deducted. of one or both parents, depending on the parenting arrangement.
Section 7 child support
This covers financial support that goes beyond day-to-day expenses, such as:
- childcare
- extra medical and dental expenses
- therapy
- extracurricular activities like sports or clubs
- post-secondary education
It is sometimes called “section 7 expenses”, “special expenses” or “extraordinary expenses”.
Parents should share Section 7 child support in proportion to their incomes. If one parent earns more income than the other, they should pay a larger part of the Section 7 expenses.
When child support starts and stops
Start child support
A parent’s obligation to pay child support starts as soon as the parents separate.
You and the other parent can figure out who pays child support and how much to pay without going to court. You can include the child support amount in a separation agreement. If you cannot agree on child support, either parent can ask the court to make a child support order.
If a parent does not start paying child support when they’re supposed to, the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. can ask for retroactive child support back to the date when the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.’s legal obligation to pay child support started. Learn more about retroactive child support below.
Stop child support
Some people think child support ends once a child turns 18. This is not true.
Child support should continue for children who are 18 and older if they are not financially independent. This could be because the child is studying full-time or has injuries, disabilities or medical conditions.
If you have a written agreement or child support order, it may say when child support ends. If your agreement or child support order does not say when support ends, then the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. must continue to pay child support until you both change the agreement. If you and the other parent cannot agree on a change, either of you can ask the court to make a change.
Before your child turns 18, it is a good idea to review your agreement or child support order to see if it reflects reality or if it needs to change.
Who are the recipient and payor
The recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. receives child support payments while the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. makes child support payments.
The recipient
The recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. is the adult who receives the child support payments, usually the other parent.
Sometimes the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. may not be the child’s parent. They may be a guardian or someone else the court allows to ask for child support.
In rare cases, a court may order a parent to pay support directly to their child if the child is over 18, the age of majority in Alberta. The court will look at the family’s situation to decide whether direct payment is appropriate.
The payor
The payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. is usually the biological or adoptive parent of the child, or someone named as a child’s parent or guardian in a court order.
A person who acted like a parent of a child, such as a stepparent or a parent’s partner, may also have to pay child support. If the person does not agree to pay child support, the person or the child’s parent can ask the court to decide. The law says the child’s parents have a bigger obligation to pay child support than someone who is standing in the place of a parent.
A payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. must pay child support even if they do not see the child or have a relationship with them.
Guided pathway
Not sure if you’re standing in the place of a parent? Find out!
Myth busters
Some people think a parent can agree to not receive child support from the other parent in exchange for the non-paying parent having no relationship with the child.
This is not true. The law says a parent must pay child support even if they do not have a relationship with the child.
What is retroactive child support
Retroactive child support is back pay of child support to correct the non-payment, underpayment or overpayment of child support in the past. This can happen when there is no agreement or order about child support, or when the agreement or order includes an incorrect amount of child support.
There are limits to a parent’s right to retroactive child support, so a parent should ask for it as soon as they know the child support amount is incorrect. The payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. or recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. can ask for retroactive child support.
Example
Parent A and Parent B separated four years ago. Their two children live primarily with Parent A. Parent B has not paid any child support for the children over the last four years because Parent B said they could not afford it.
Parent A recently learned that Parent B has made over $100,000 gross incomegross income Income before taxes are deducted. each year for the last four years. Parent A asks the court for a retroactive child support order for child support that Parent B should have paid over the last four years based on their income each year.
A payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. may not be paying child support even though they have a legal obligation to do so. This can happen when parents separate but do not have an agreement or order about child support.
The recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. can ask for retroactive child support from the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. equal to what the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. should have been paying for the previous years based on their income in those years.
A payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. may be underpaying child support if their agreement or order lists an amount of child support lower than the amount the law says they should pay.
This can happen when the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.’s gross incomegross income Income before taxes are deducted. has increased. The payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. may be paying too little if they have not shared their financial information with the other parent or have not recalculated child support to reflect their changing income.
The recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. can ask for retroactive child support from the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. equal to the difference between what the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. should have been paying based on their gross incomegross income Income before taxes are deducted. for the previous years and what the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. actually paid during that time.
A payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. may be overpaying child support if their agreement or order lists an amount of child support higher than the amount the law says they should pay.
This can happen when the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.’s gross incomegross income Income before taxes are deducted. has decreased. The payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. may be paying too much if they have not shared their financial information with the other parent or have not recalculated child support to reflect their changing income.
The payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. can ask for overpayment of retroactive child support from the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. equal to what they actually paid in the previous years and what they should have been paying based on their gross incomegross income Income before taxes are deducted. during that time.
What is blameworthy conduct
Blameworthy conduct is a payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. intentionally doing something so they do not have to pay any or the right amount of child support.
To help prove blameworthy conduct, keep records about:
- each time you asked for child support and what other parent’s response was
- any time you felt the other parent threatened you to stop you from going to court. This might include previous emergency protection orders, or text messages or emails with threatening or intimidating content that scared you.
- any time the other parent acknowledged they owe child support
Hiding gross incomegross income Income before taxes are deducted. or increases in gross incomegross income Income before taxes are deducted. from the other person to avoid paying any or the right amount of child support is not okay. Parents must share financial information with each other, usually every year until support ends.
Example
Parent A made $60,000 at the date of separation. Parent B is the primary parent while Parent A sees the children every other weekend and some holidays. Three years after separating, Parent A’s income increases to $100,000. Parent A refuses to share financial information each year with Parent B and does not tell Parent B they are now making more money.
Any intimidating or threatening behaviour is not okay. A recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. has the right to go to court to enforce a payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.’s legal obligation to pay child support. If you are experiencing family violence, get help immediately.
Example
Parent A abused Parent B during their relationship. Parent B is the primary parent. Parent A threatens to take the child away from Parent B and to harm them if they ever try to get child support.
It is not okay for the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. to mislead the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. into believing they are meeting their child support obligations when they are not. The law says how much child support a recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. is entitled to receive.
Example
Parent A and Parent B share parenting. Parent B makes three times more money than Parent A. Parent B convinces Parent A that nobody owes child support because they share parenting.
Take action
Calculate child support
Steps for calculating Section 3 and Section 7 child support.
Share financial information to collect or pay support
How to share information for child or spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support..
Collect child support
Ways to collect on-time, overdue and retroactive child support.
Pay child support
Ways to pay on-time, overdue and retroactive child support.