If you own a corporation, your personal tax return may show a modest salary or a mix of salary and dividends, while more of the company’s income stays inside the business. When child support is being calculated, that difference matters a great deal. This article explains, in general terms, how Alberta courts approach child support for parents who own or control a corporation.

It is general information, not legal advice about your situation.

The starting point: your personal income

Child support in Alberta is set under the Federal Child Support Guidelines (for divorcing parents) or the Alberta Child Support Guidelines (for others). The two work in almost the same way. The basic “table amount” depends on the paying parent’s income, the number of children, and the province where the paying parent lives.

Income usually starts with the total income on line 15000 of your personal tax return, with adjustments. For business owners, a few of those adjustments are especially important:

Looking inside the corporation

The Guidelines recognize that a person who controls a corporation can decide how much income to pay out. So where a parent is a shareholder, director or officer, and their personal income does not fairly reflect the money available to them for support, the court can attribute to that parent all or part of the corporation’s pre-tax income for the most recent year, or an average over three years.

The court can also look at salaries, wages and management fees paid to related people, such as a new partner or family members, and consider whether those amounts should be treated as the parent’s income.

Not all corporate income is available

Attributing corporate income is not automatic, and it is not all-or-nothing. Courts consider the legitimate needs of the business, for example:

The more clearly you can document why earnings are being kept in the company, the more credible your position will be.

Disclosure you should expect to provide

A parent who controls a corporation is generally required to provide more than personal tax returns, including the corporation’s financial statements for the most recent three years and details of salaries, wages, management fees and other benefits paid to people or companies that are not at arm’s length. Accountants often help prepare an income analysis. Our Business Owner’s Divorce Checklist lists the documents to gather.

Watch for double counting

Where a business is also being valued for property division, the same earnings can show up twice: once in the value of the company and again as income for support. Identifying that overlap is important for a fair overall result. See our page on dividing a business or corporation in an Alberta divorce.

Incomes over $150,000

Where income is over $150,000, the table amount usually still applies, but the court has some discretion over the amount for income above $150,000. Special and extraordinary expenses, such as child care and extracurricular activities, are shared in proportion to income.

Practical tips for business owners

  1. Keep compensation consistent. Sudden changes to salary or dividends after separation tend to attract scrutiny.
  2. Separate personal and business spending. Personal expenses run through the company are likely to be added back to income.
  3. Document business needs. Budgets, lender requirements and capital plans help explain retained earnings.
  4. Involve your accountant early.
  5. Estimate your income. Our income for child support calculator walks through the common adjustments for business owners.
  6. Get an estimate. Our child support calculator gives a starting point once you know the likely income figure.

Quick Answers From Violeta

Short videos from our YouTube channel. Tap to play.

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Related reading: Is My Inheritance Protected in an Alberta Divorce? · High-Asset Divorce for Men

Talk to a Calgary family lawyer

Income for business owners is one of the most frequently disputed issues in family law. If you want to understand how your income is likely to be determined, we can help.

Book a confidential consultation  or call 587-329-0999

This article is general information about Alberta law and is not legal advice. Reading it does not create a lawyer-client relationship.