Experienced legal guidance for child and spousal support matters
When a relationship ends, questions about financial support can cause a significant impact on your family’s financial stability and future. Determining the appropriate amount of support can become complicated when income, parenting arrangements, special expenses, or financial disclosure are disputed.
At Mincher Koeman, our child support lawyers that Calgary families rely on provide experienced legal guidance for support matters throughout Alberta. Whether you are seeking support, responding to a claim, reviewing an existing support order, or dealing with unpaid support, we can help you understand your rights, obligations, and legal options.
Child support and spousal support are two separate legal obligations that may arise following separation or divorce.
Child support is intended to contribute to the financial costs of raising children after their parents separate. It is generally determined using the Federal Child Support Guidelines, with factors such as parental income, the number of children, and the parenting arrangement helping determine the applicable amount.
Spousal support is different. It is not automatically payable following every separation. Depending on the circumstances, one spouse or partner may have an entitlement to support based on factors such as financial need, economic disadvantage resulting from the relationship, career sacrifices, childcare responsibilities, and the roles each person played during the relationship.
Understanding which type of support may apply, and how it should be calculated, is an important part of creating a fair and legally sound separation arrangement.
At Mincher Koeman, we provide practical legal guidance to help clients understand how support is determined and what information is required to properly assess their circumstances.
Our lawyers can assist with:
Whether your support matter is straightforward or involves complicated financial circumstances, accurate information and appropriate legal advice can make a significant difference.
Determining eligibility for spousal support in Alberta involves careful consideration of factors outlined in the Divorce Act.
Courts assess the economic advantages or disadvantages that spouses experienced as a result of the marriage, the financial consequences of caring for children, and the need to alleviate any economic hardship arising from the breakdown of the relationship. The length of the marriage and the roles each spouse played are significant considerations in determining both entitlement and amount of spousal support.
The intention of child support is to contribute to the overall costs of raising a child. This can include everyday expenses such as food, clothing, housing, transportation, education, and other costs associated with caring for the child.
Certain special or extraordinary expenses may be addressed separately as Section 7 expenses. Depending on the circumstances, these may include childcare, medical and dental expenses, education, extracurricular activities, and post-secondary costs.
Yes. Shared parenting can affect the calculation of child support, but it does not automatically mean that neither parent will pay support.
When children spend significant amounts of time with both parents, the court may consider the incomes of both parents, the parenting schedule, the increased costs of maintaining two households, and the children’s needs and circumstances.
If you have a shared parenting arrangement and are unsure how support should be calculated, a child support lawyers Calgary team can review the specific circumstances of your parenting arrangement.
It can. A significant change in income may affect the amount of child support payable.
Changes to parenting time, a child’s circumstances, or certain expenses may also affect support. However, an existing order or agreement does not necessarily change automatically. Depending on the circumstances, a recalculation, variation, or other formal process may be required.
Unpaid child support can result in arrears and may be subject to enforcement.
The appropriate steps depend on how the support was established, whether there is a written agreement or court order, and whether the support arrangement is registered for enforcement.
If you are owed support, our child support lawyers Calgary clients rely on can review your existing arrangement and explain the available options for addressing missed payments, arrears, and enforcement.
Generally, child support is intended to contribute to the overall costs of raising a child rather than being tied to individual receipts or specific purchases.
The receiving parent is generally not required to provide a receipt-by-receipt accounting of how basic child support is spent. However, Section 7 expenses are treated differently and may involve specific discussions about the expense, its necessity, and how it should be shared.
If you have concerns about the use of support or the financial circumstances of the other parent, legal advice can help clarify what information or legal options may be available.
Spousal support is not automatic and the entitlement depends on the circumstances of the relationship and the applicable legislation.
Relevant considerations may include financial need, economic disadvantage arising from the relationship, career sacrifices, childcare responsibilities, the length of the relationship, and the financial circumstances of both parties.
Entitlement, amount, and duration are separate questions and should each be assessed carefully.
There is no single formula that determines spousal support in every case.
The parties’ incomes, the length of the relationship, roles during the relationship, childcare responsibilities, financial need, earning capacity, and other circumstances may all be relevant.
The Spousal Support Advisory Guidelines provides a framework for estimating potential support amounts and duration in appropriate circumstances, but they are advisory and do not automatically determine the result in every case.
The duration of spousal support can depend on the circumstances of the relationship and the purpose of the support.
Some arrangements are intended to provide short-term or transitional assistance, while others may continue for a longer period or be subject to review. Factors such as the length of the relationship, the ages of the parties, childcare responsibilities, earning capacity, and the ability of the recipient to become self-sufficient may all be relevant.
It may be possible to change or terminate spousal support where there has been a material change in circumstances or where the existing agreement or order provides for a review.
Significant income changes, retirement, changes in financial need, health circumstances, or other developments may be relevant depending on the terms of the existing arrangement.
Support does not necessarily end automatically when circumstances change. Legal advice can help determine whether a variation or other legal step is appropriate.
Financial disclosure is often essential to determining support fairly.
If the other party is not providing the information necessary to assess their income or financial circumstances, there may be legal steps available to request or compel disclosure.
This can be especially important where there are concerns involving self-employment, corporate income, bonuses, investments, rental income, or other complex financial arrangements.
You are not necessarily required to have a lawyer to negotiate or establish child support. However, legal advice can be particularly valuable when the parties disagree or the financial or parenting circumstances are complicated.
A lawyer can help you understand how the Federal Child Support Guidelines apply to your circumstances, identify the financial information that should be disclosed, review proposed support arrangements, and explain your options if an agreement cannot be reached.
If possible, bring recent pay stubs, tax returns and Notices of Assessment, information about your employment or self-employment, details of the current parenting arrangement, existing support agreements or court orders, and records of support payments or arrears.
If Section 7 expenses are an issue, bring documentation relating to those expenses as well.
You do not need to have everything perfectly organized before your consultation. Our lawyers can help identify what additional information may be required for your particular situation.
Your path to legal clarity starts here. Let’s explore your legal options together.
Take control of your legal situation. Reach out to our team to begin the conversation, and we’ll help tailor a legal strategy that promises the best chance of success for your case.
