Do Unmarried Parents Pay the Same Child Support as Divorced Parents in Alberta?

If you were never married to the other parent, or you lived together as common-law or adult interdependent partners, you may wonder whether your child support will be calculated differently from a divorced couple's. The worry is understandable, because the paperwork and the law that applies can look quite different.

The short answer is that the amount is worked out the same way. What changes is the legislation and court process you use to get there. This article explains the two routes, what drives the number under each, and where the differences actually lie.

This article covers the law of Alberta.

Two routes, depending on your relationship

Which law applies depends mainly on whether you are divorcing. Divorcing spouses are under the Divorce Act. Unmarried parents, separated-but-not-divorced spouses and adult interdependent partners proceed under Alberta's Family Law Act and the Alberta Child Support Guidelines.

Under the Divorce Act, the Federal Child Support Guidelines apply unless both spouses live in a province that has been designated by order, in which case that province's guidelines apply. Because the Alberta guidelines adopt the federal tables, the table amounts are the same either way. A lawyer can confirm the current position for your situation.

Why the table amounts are the same

Alberta's child support guidelines are made under the Family Law Act, and judges must follow them in non-divorce cases. They are known as Alta Reg 147/2005 and were adopted under the Family Law Act on October 1, 2005. Alberta describes them as substantially similar to the Federal Child Support Guidelines.

The key point is that the Alberta guidelines adopt the Federal Child Support Guidelines in Schedule 1. Alberta also says the Federal Child Support Tables are used to calculate child support under both the Divorce Act and the Family Law Act. Because of that, the table amounts are the same whichever route you take.

In a divorce case, the Divorce Act also requires the court to make a child support order in accordance with the applicable guidelines.

What drives the amount under either route

The same building blocks apply to everyone. The table amount depends on the paying parent's annual income, the number of children and the province where the payer lives. Income is taken from the Total income line of the T1 General tax form, adjusted under Schedule III.

• The paying parent's income, usually from the T1 General Total income line.
• The number of children the order covers.
• The payer's province, which generally decides which table is used.
• The table amount plus any amount for special or extraordinary expenses under section 7, for a child under the age of majority.

Special or extraordinary expenses can include child care, the child's share of medical or dental insurance premiums, certain health-related costs, extraordinary school or extracurricular costs and post-secondary education. These are generally shared in proportion to each parent's income, after deducting any contribution from the child.

Situations that apply to everyone

The usual exceptions are built into the guidelines, so they are not limited to married or divorced parents. For example, if each parent has the child at least 40% of the time over a year, the court must consider both parents' table amounts, the increased costs of shared parenting and each household's circumstances. Where the payer's income is over $150,000, the court may depart from the plain table amount.

A court may also impute income, for example where someone is intentionally under-employed or unemployed. If either parent faces undue hardship, the court may award a different amount, though a hardship claim must be denied if the claiming household would have a higher standard of living than the other.

The updated Federal Child Support Tables took effect October 1, 2025 and use 2023 tax rules. In Alberta, the 2025 tables apply to periods on or after that date. Existing orders are not changed automatically, but a different table amount may count as a change in circumstances.

What to do next

• Work out which route you are on: divorcing, or unmarried, separated-but-not-divorced or adult interdependent partners.
• Gather the paying parent's recent income documents, such as tax returns and notices of assessment.
• List any child care, medical, school or activity costs that may count as special expenses.
• Write down the actual parenting schedule, since 40% or more of the time can change the analysis.
• If you have an older order, check whether the 2025 tables might change the amount.
• Speak with a family lawyer to confirm which process and court forms fit your situation.

The table amounts are the same under both routes. Under the Divorce Act, though, a court may award a different amount if special provisions in an order or agreement benefit a child and the guideline amount would be inequitable. How this applies depends on your situation, so it is worth confirming with a lawyer.

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