- Divorce cases use the Divorce Act and, unless both parents live in a province designated by order, the Federal Child Support Guidelines.
- Unmarried, separated-but-not-divorced and adult interdependent partners proceed under Alberta's Family Law Act and the Alberta Child Support Guidelines.
- Alberta's guidelines adopt the federal tables, so the table amounts are the same.
Many Alberta parents are told that both Alberta and federal child support guidelines exist and wonder which one applies to them. The question matters because it affects which law and court process you use, even if it does not change the table amount.
This article explains how your relationship status and where each parent lives decide which guidelines apply, and why the result for the basic amount is usually the same either way.
This article covers the law of Alberta.
Two sets of guidelines, one set of tables
Alberta's child support guidelines are made under the Family Law Act, and judges must follow them in non-divorce cases. They adopt the Federal Child Support Guidelines in Schedule 1. Alberta describes them as substantially similar to the federal guidelines, adopted under the Family Law Act on October 1, 2005.
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 the Alberta guidelines adopt the federal tables, the table amounts are the same.
Table amounts are driven by the paying parent's annual income, the number of children, and the province of the payer. Income is taken from the 'Total income' line of the T1 General tax form, adjusted under Schedule III. For a child under the age of majority, the order is the table amount plus any amount for special or extraordinary expenses under s. 7. Where the paying spouse's income is over $150,000, the court may depart from the plain table amount.
How your relationship status decides it
| Your situation | Law and guidelines |
|---|---|
| Divorcing spouses | Divorce Act. The Federal Child Support Guidelines apply unless both spouses are habitually resident in a province designated by order |
| Unmarried parents | Family Law Act and the Alberta Child Support Guidelines |
| Separated but not divorced | Family Law Act and the Alberta Child Support Guidelines |
| Adult interdependent partners | Family Law Act and the Alberta Child Support Guidelines |
On a child support application under the Divorce Act, the court must make the order in accordance with the applicable guidelines. Which guidelines are 'applicable' is the question the next section addresses.
Where each parent lives
Under the Divorce Act, if both spouses are habitually resident in the same province designated by order, that province's guidelines apply. In any other case, the Federal Child Support Guidelines apply. Whether a particular province is designated is worth confirming with a lawyer.
Residence also affects which table is used. The applicable table is generally the one for the province where the paying spouse habitually resides when the application is made, with exceptions where the payer's residence changes or is outside Canada.
- If both parents live in Alberta, the practical result for the table amount is the same under either set of guidelines.
- If the payer lives in another province, the table for that province may apply.
- If the payer lives outside Canada, an exception to the usual table rule may apply, so get advice.
Which tables apply by date
Updated federal tables took effect on October 1, 2025 and use 2023 tax rules. In Alberta, the 2017 tables apply to periods from November 22, 2017 through September 30, 2025, and the 2025 tables apply to periods on or after October 1, 2025.
Existing orders are not automatically changed by the 2025 tables. If the new tables produce a different amount, that may count as a change in circumstances, and parents can seek a variation order or use a recalculation service.
What to do next
Start by working out your status: married and divorcing, or not. Then note where each parent habitually lives. These two facts usually answer the question.
If support is ordered, either the payor or the recipient may register with the Maintenance Enforcement Program, and only one of them needs to. Registration is online through MEP Online Registration, which needs an Alberta.ca account, or by mail with Registration Request form MEP13371.
- Confirm whether you were married, are applying for divorce, or were never married.
- Note where each parent lives now and whether either has moved recently.
- Gather any existing court order or agreement.
- If you want the Maintenance Enforcement Program to collect support, check that either the payor or the recipient lives in Alberta and that you have a filed court order or eligible agreement with an enforceable amount.
- Remember that Reasons for Judgment, Endorsements, Minutes of Settlement and 'Separation Agreements' alone cannot be enforced by the program.
Frequently asked questions
Do I get a different amount under Alberta guidelines than under federal ones?
The table amounts are the same, because Alberta's guidelines adopt the federal tables. Other details, such as the payer's income or special expenses, depend on your facts.
I am going through a divorce. Which guidelines apply?
Divorcing spouses are under the Divorce Act, and the Federal Child Support Guidelines apply unless both spouses are habitually resident in a province designated by order. A lawyer can confirm how this applies to where you live.
We were never married. Do the federal guidelines still matter?
Your case proceeds under the Family Law Act and the Alberta Child Support Guidelines. Those guidelines adopt the Federal Child Support Guidelines, so the federal tables still drive the amount.
Does my agreement or court order decide which guidelines apply?
Not on its own. Which guidelines apply turns on your marital status and where each parent lives. An agreement alone may not be enforceable by the Maintenance Enforcement Program unless it is a court order or an eligible agreement.
Sources
- Federal Child Support Guidelines SOR/97-175 — Justice Laws (federal)
- Divorce Act — Justice Laws (federal)
- Government of Alberta – Family law legislation / Changes to federal child support tables — alberta.ca
- Government of Alberta – Changes to federal child support tables — alberta.ca
- Government of Alberta – Changes to federal child support tables — alberta.ca
- Department of Justice Canada – Provincial and Territorial Child Support Information — justice.canada.ca
- Government of Alberta – MEP: Am I eligible? — alberta.ca
- Government of Alberta – MEP: How to register — alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
Ask our Team for a quote. We reply by email.