Can child support be backdated in Alberta?
This answer covers the law of Alberta.
Sometimes, yes, but how far back depends on your facts. For an existing order under the Divorce Act, a court may vary, rescind or suspend child support retroactively or prospectively, on application by either or both former spouses. Where there is no order yet, a court asked to make one must follow the applicable guidelines.
If the other parent's income went up, the starting point is whether there has been a change in circumstances. For a table-based order, that means any change that would result in a different child support order. Before varying, the court must be satisfied that a change of circumstances as provided for in the applicable guidelines has occurred. Which table applies to a given period also matters: in Alberta, the 2017 tables apply to periods from November 22, 2017 through September 30, 2025, and the 2025 tables to periods on or after October 1, 2025.
Existing orders are not automatically changed by the 2025 tables, but a different table result may count as a change in circumstances. How far back this reaches depends on your situation and the dates involved. A lawyer can confirm how far back your claim may reach.
Key takeaways
- Under the Divorce Act, a court may vary, rescind or suspend a child support order retroactively or prospectively.
- For a table-based order, a change in circumstances is any change that would result in a different child support order.
- In Alberta, the 2017 tables apply to periods from November 22, 2017 through September 30, 2025, and the 2025 tables to periods on or after October 1, 2025.
- Existing orders are not automatically changed by the 2025 tables, though a different table result may count as a change in circumstances.