Will my ex-husband's child support payments take precedence over the alimony I am asking for?

Under the Divorce Act, child support is the top priority when a judge is looking at both child and spousal support applications at the same time. The law states that "the court shall give priority to child support in determining the applications" [cite:ca-divorce-act-sec15p3]. This means that when the judge evaluates your husband's significant salary, they must ensure the children's needs are met before deciding how much spousal support (money paid to a former spouse for their support) you receive. Because of this priority rule, there is a possibility that your $2,500 monthly request might be reduced. The law says that "where, as a result of giving priority to child support, the court is unable to make a spousal support order or the court makes a spousal support order in an amount that is less than it otherwise would have been, the court shall record its reasons for having doing so" [cite:ca-divorce-act-sec15p3]. If this happens, the judge must explain in writing why your support was lowered to accommodate the child support. However, you are not stuck with this decision forever. If the child support amount changes in the future—for example, if your children grow older or their needs change—this can be considered a "change of circumstances" [cite:ca-divorce-act-sec15p3]. This allows you to return to court to ask for a variation order (a legal change to an existing court order) to increase your spousal support [cite:ca-divorce-act-sec17]. It is currently uncertain exactly how much the judge will award you, as the final amount depends on how the judge balances your husband's income against the $3,000 already agreed upon for the children and your specific needs for your professional certification.