Support

Child & spousal support

Support calculations are only as reliable as the income and factual assumptions underneath them.

Overview

What this practice covers

Drury handles child and spousal support claims involving straightforward employment income as well as self-employment, corporations, variable compensation, imputed income and disputes about disclosure. Support issues may arise at separation, on an interim basis, at final resolution or later when circumstances change.

Income determination

Employment income, self-employment, corporate income, benefits, bonuses, commissions and circumstances where reported taxable income may not answer the family-law question.

Child support

Table support, shared parenting arrangements, support for adult children where applicable, and retroactive or variation claims.

Special or extraordinary expenses

Childcare, medical, educational and extracurricular costs that may be shared in addition to basic child support.

Spousal support

Entitlement, amount, duration and the relationship between compensatory, non-compensatory and contractual considerations.

Post-secondary expenses

Tuition, residence, grants, scholarships, student contributions and the circumstances in which a child remains entitled to support.

Variation and enforcement

Changes in income, parenting arrangements or other circumstances that may justify reviewing an existing support obligation.

How the dispute is framed

The Federal Child Support Guidelines provide the framework for many child-support calculations, but difficult cases often turn on income rather than arithmetic. Spousal support adds a separate entitlement and duration analysis. In both contexts, complete financial disclosure is central to a reliable result.

Alberta and Ontario

The applicable child-support guidelines and provincial support legislation depend on the parties’ circumstances and the statute under which the claim is made. Alberta and Ontario also have different provincial frameworks and procedural rules. Where income, parenting or residence spans jurisdictions, the analysis can become more complex.

This page provides general information only. The legal framework, available remedies and deadlines depend on the facts and jurisdiction. It is not legal advice.

Questions clients often ask

Is child support based only on the income on a tax return?

Not necessarily. The guidelines start with income concepts tied to tax information, but adjustments may be appropriate in circumstances such as self-employment, corporate control, non-recurring amounts or intentional underemployment.

When can support be changed?

A variation generally requires a legal basis such as a material change in circumstances or another statutory ground. Changes in income, parenting arrangements or a child’s circumstances can be relevant.

Does child support automatically end at age 18?

No. Entitlement after the age of majority depends on the governing legislation and the child’s circumstances, including education, disability and dependency.

Are child support and spousal support calculated together?

They interact financially but are distinct legal claims. Child support generally has priority, while spousal support requires its own entitlement and quantum analysis.

Focused advice

Start with the issue that could change the case.

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