Do I have to share my financial information with my ex for child support in Alberta?
This answer covers the law of Alberta.
Yes. When child support is being decided, the guidelines require income disclosure. The applicant must include a copy of every personal income tax return filed by the other spouse for each of the three most recent taxation years, plus every notice of assessment and reassessment for those years, and pay information if the spouse is an employee.
If you are served with an application, you must provide the same income documents within 30 days if you are in Canada or the United States, or 60 days if elsewhere, unless the court sets another deadline. After an order is made, you must provide updated documents on written request, not more than once a year, within the same 30 or 60 days, for as long as the child is a child under the Guidelines. Spouses may also agree in writing on income, and the court may accept the figure if it is reasonable.
If a spouse does not comply, the other spouse may apply for a hearing or judgment, or for an order requiring the documents, and the court may also impute income. Alberta's Child Support Guidelines, used outside divorce cases, adopt the federal guidelines in Schedule 1. Details depend on your situation, so a lawyer can confirm.
Key takeaways
- The applicant must include the other spouse's personal income tax returns and notices of assessment and reassessment for the three most recent taxation years.
- A respondent served with an application must provide the same documents within 30 days in Canada or the United States, or 60 days elsewhere, unless the court sets another deadline.
- After an order is made, updated income documents must be provided on written request, no more than once a year, while the child is a child under the Guidelines.
- If a spouse does not provide the documents, the other spouse may ask the court for a hearing, judgment or an order requiring them, and the court may impute income.