Spousal Support and Child Support Together in Alberta

If you are separating and have children, you may be facing two support questions at once: what you owe or receive for the children, and what you owe or receive as a spouse or partner. They are separate claims, but they affect each other.

This article explains in plain terms which claim comes first, how the order of priority can change the spousal support result, and how payments are usually collected in Alberta. Your own outcome depends on your facts, so treat this as a general guide.

This article covers the law of Alberta.

Two kinds of support, two sets of rules

Child support is for the children. Spousal support (called partner support for unmarried adult interdependent partners) is for the other adult. Which law applies depends on your relationship.

• Married and seeking a divorce: the federal Divorce Act applies, and a court may order one spouse to secure or pay lump-sum or periodic spousal support.
• Married but not seeking a divorce: you can still claim spousal support under Alberta's Family Law Act.
• Unmarried adult interdependent partners: you cannot use the Divorce Act, so your claim is under the Family Law Act.

Under the Family Law Act, every spouse or adult interdependent partner has an obligation to provide support for the other, subject to the Act's rules.

Child support comes first

Under the Divorce Act, when child support and spousal support are both claimed, the court gives priority to child support. The Family Law Act says the same thing where child support and spousal or partner support are both sought.

In practical terms, the court deals with the children's needs first and then looks at what is left to consider for the adult. That can mean spousal support is lower than it might otherwise be, or in some cases not ordered.

What if priority to child support reduces spousal support?

Under the Divorce Act, if giving priority to child support results in no spousal support or a reduced amount, the court must record its reasons.

That is not necessarily the end of the issue. If child support is later reduced or ended, that is a change of circumstances that can support a new spousal support application or a variation. This might happen, for example, when a child is no longer eligible for support.

Spousal support is also tied to the objectives the law sets out, including apportioning the financial consequences of child care beyond child support.

Changing an order and collecting payments

• Under the Divorce Act, a court may vary, rescind or suspend a spousal support order, but it must first be satisfied that the condition, means, needs or other circumstances of either former spouse have changed since the order.
• Under the Family Law Act, the court may vary, suspend or terminate a support order, and for spousal or partner support the ground is a change in the condition, means, needs or other circumstances of either party.
• A spousal or partner support agreement cannot vary an existing support order made under the Family Law Act.
• Unless the parties agree or the court orders otherwise, the Maintenance Enforcement Program collects and enforces spousal and partner support payments in Alberta.

Whether child support and spousal support payments are combined or handled separately in your case depends on the order or agreement, so check its wording.

What to do next

• Gather income information for both parents, including recent tax records and pay information.
• List your children's ages and the care arrangements, since these affect both claims.
• Collect any existing orders or agreements about support.
• Note any changes since the last order, such as job loss, retirement or a change in a child's status.
• Speak with a family lawyer before you sign an agreement or apply to change an order, so you understand how child support affects the spousal support outcome.

Frequently asked questions