• Blog

Family law: Parental gifts may affect spousal support payments

Parents sometimes like to give their adult children monetary gifts to help them along. But parents in Alberta should know that under family law rules, that money might, in fact, boost a child's spousal payments if he or she is the one making those payments to a former spouse from whom he or she is divorced. Courts look at many variables which could affect spousal and/or child support and financial gifts may be one of those markers.

The courts have made different rulings based on individual cases one of which involved a man who had serious mental health issues and who was making child support payments but also received sizable financial support from his own father. His former wife wanted that money considered in child support payments. A court of appeal ruled that under child support guidelines a payor's income was that which he or she includes on a tax return, and so the court ruled that monetary gifts from the payor's father weren't taxable and  not be factored in child support payment sums.  

In a similar situation, a man was given $50,000 every year to better his family's lifestyle. In fact, during the 10 years before the couple separated, money given to him was in excess of $1 million. That continued after the couple had separated. The court ruled this could be construed as income and therefore was reflected in his child support payments.

When it comes to family law rules in Alberta, different scenarios can impact spousal and child support payments. A client in this kind of circumstance may benefit from the advice of a lawyer experienced in Alberta laws governing payors and payees of support. When a client is knowledgeable about these issues, it may make coming to divorce agreement easier.

No Comments

Leave a comment
Comment Information

Understand your legal options. Make informed decisions. Contact the family law lawyers of Henderson Heinrichs LLP


Did You Enjoy Working With Our Firm?

Review Us

Henderson Heinrichs LLP
1188 West Georgia Street
Suite 1530
Vancouver, BC V6E 4A2

Toll Free: 866-649-7217
Toll Free: 1-844-669-3500
Phone: 604-669-3500
Fax: 604-689-9733
Vancouver Law Office Map