Child Support Calculation
Parents (or legal decision-makers) who have not determined child support may apply to the Child Support Service to administratively calculate child support amounts. An initial child support calculation is based on income from one or both parents, depending on the type of parenting arrangement.
Calculation applies if there is no previous agreement or court order for child support in place.
An initial child support calculation is based on income from one or both parents, depending on the type of parenting arrangement. A calculation decision specifies the child support amount and start date of the payments.
The decision is provided to both parties. If the decision is filed with the court, it can be enforced like a court order. If a parent disagrees with the decision, they have the option to apply to court for a child support order.
To have your support payments collected by the Maintenance Enforcement Office or to request a child support recalculation, you must first file a calculation decision with the court. An affidavit must be completed and filed with the court with the calculation decision. An instruction sheet outlines the necessary steps to file the affidavit in court.
Child Support Recalculation
The Child Support Service can administratively recalculate child support payments if there is an existing child support agreement or order in place.
Recalculations can be completed six months from the date of the most recent agreement, court order, recalculation decision, calculation decision or family arbitration award. A party can apply by completing an application form.
The Child Support Service does not follow scheduled payment adjustments that may be set out in an existing child support document. For example, a clause that states payments will be adjusted based on the exchange of income tax in a specific month each year may not apply to recalculation. Child support amounts may increase, decrease, or there may be no change depending on the income of the payor.
A recalculation decision specifies the recalculated child support amount and start date. The decision is provided to both parties and filed with the court. If the parties notify the Service they have a case file with the Maintenance Enforcement Office, a copy of the decision is sent to that office.
Parties have 30 days to apply to court to vary or suspend the recalculation decision.