A determination of entitlement to child and/or spousal support logically leads to an analysis of the appropriate amount. With increasing demand, the general public is seeking immediately available and reliable resources for “child support calculators” and “spousal support calculators”.
Child Support Calculator in Alberta
The Federal Child Support Guideline tables make the calculation of “basic child support” reasonably simple, convenient and accessible. Generally speaking, assuming the parenting schedule to be resolved, using only the metrics of the payor’s guideline income and the number of children entitled to child support, one will be able to quickly determine the appropriate amount of basic child support.
Surely extenuating circumstances could call for a far more complicated analysis of basic child support calculations, but even in those situations, the presumptive starting point will be the tables.
With respect to child support required of the parties to fund extraordinary expenses, that will be a function of any agreement reached by the parties, or a Court-ordered apportionment of those costs, typically as a function of the parties’ respective guideline incomes.
Spousal Support Calculator in Alberta
By its very essence, a determination of entitlement to spousal support is a far more nuanced analysis than that of child support. Calculating the appropriate amount of spousal support is also more nuanced, with considerably more potential metrics in play.
There is no definitive spousal support calculator in Alberta. Anyone searching for that resource online should proceed cautiously. Most family lawyers are in the favourable position of having immediate access to the resource of the Spousal Support Advisory Guidelines (SSAGs). Although not bound by them, Alberta Courts give significant consideration to the SSAGs.
Without exception, anyone searching for a reliable means by which to determine spousal support calculations would be well-advised to first consult a family lawyer, such as Kirk Montoute Dawson LLP, who can assess your unique circumstances, apply the appropriate Spousal Support Advisory Guidelines, and provide clear, practical advice to help you reach a fair and legally sound outcome.
How is Spousal Support Calculated in Alberta?
In Alberta, spousal support is typically calculated using the Spousal Support Advisory Guidelines (SSAG), which provide ranges rather than a fixed formula. Courts consider key factors such as each spouse’s income or earning capacity, the length of the relationship, the roles each person played during the marriage or partnership, the financial impact of the separation, and whether there are dependent children. Depending on the circumstances, different guideline formulas apply, with the overall goal of achieving fairness and supporting financial stability following a separation or divorce.
Before any amounts of spousal support are calculated, a person seeking spousal support must first prove that they are legally entitled to it. The Spousal Support Advisory Guidelines suggest two main formulas to help legal professionals calculate spousal support depending on whether child support is also being paid:
Without Child Support Formula
When child support is not being paid, spousal support is calculated as a percentage of the difference between the spouses’ gross incomes, multiplied by the years of cohabitation. The percentages typically range from 1.5% on the lower end to 2% on the upper end. Spousal support is capped at the amount that would result in both spouses having equal net income. Support duration is tied to the length of the relationship. For each year of cohabitation, the Spousal Support Advisory Guidelines generally suggest a range of approximately 6 months to 1 year of support, depending on the circumstances of the case. Support duration will be indefinite if the marriage lasted 20 years or longer, or if the marriage lasted 5 years or longer and the years of the marriage, combined with the recipient’s age, total 65 or more. It is important to note that “indefinite” does not mean “forever”, but rather that spousal support may be subject to a review at a later date.
With Child Support Formula
When child support is being paid, spousal support is calculated based on the individual net disposable income (INDI) of each spouse. This is determined by subtracting child support, deductions, and taxes from each spouse’s guideline income. Both INDI’s are combined, and spousal support is set as the amount that leaves the recipient spouse with 40% to 46% of the combined INDI. On the lower end, duration is the longer of either one-half the length of the marriage or the date the youngest child starts full-time school. On the upper end, it is the length of the marriage or the date the youngest child finishes high school. These ranges are subject to exceptions depending on the specific circumstances of the relationship and the needs of the children involved.
How Kirk Montoute Dawson LLP Helps with Child and Spousal Support Calculations in Alberta
If you are seeking help understanding child or spousal support calculations in Alberta, Kirk Montoute Dawson LLP can provide the analysis and guidance needed to understand how support is determined in your situation. A family lawyer at Kirk Montoute Dawson LLP can help you navigate the applicable guidelines, identify where your specific circumstances may affect the calculations, and provide practical advice on next steps and what a reasonable outcome may look like. Contact Kirk Montoute Dawson LLP to discuss your options and receive tailored advice.