Child Support Recalculation Service
Questions and Answers
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Is a recalculation the same as a
variation?
Who is eligible for child support
recalculations?
What kinds of child support orders
are covered?
What do I have to do to get a
recalculation order if I have a child support order?
How is a child support order
recalculated?
What happens if the other parent
doesn't co-operate?
Can I get copies of the income
information the other parent provides?
What if I don't agree with the
recalculated child support amount?
Can I get a recalculation to cancel
my child support arrears?
Is the service available all through
the province?
Is this service free of charge?
Child Support Recalculation Service
Pamphlet (801 Kb PDF)
Manitoba Justice now offers a Child Support
Recalculation Service for parents who want their child support order
recalculated based on updated financial information. This
means the amount of child support ordered by the court may be
reviewed annually and changed if there is a change in the income of
the person ordered to pay support.
The Recalculation Service Office will give parents
information about the court application process to have an order
enrolled with the service.
This service applies to recalculation of child
support orders under The Family Maintenance Act in Manitoba
and under the federal Divorce Act.
Is a recalculation the same as a
variation?
They are two separate things.
Recalculation allows child support payments to be changed based
on updated income information. The recalculated order will take
effect 31 days after both parents have received notice of it. A
recalculation cannot deal with arrears or support payments prior to the
date the recalculated order takes effect. Only a judge can order a
variation of child support. A variation can make more
changes to an order, including prior support payments and arrears, or
changes other than income, such as a child no longer being dependent or
moving to live with the other parent.
Who is eligible for child support
recalculation?
To be eligible, both parents must
live in Manitoba and one of them must get a court order authorizing the
service to recalculate child support at regular intervals.
What kinds of child support orders
are covered?
Orders must be for a table amount - an amount that is
fixed by using the Child Support Guidelines tables - and is
generally based on actual income of the payor. Final or interim
child support orders made under The Family Maintenance Act are
eligible for recalculation. Only final child support orders made
under the federal Divorce Act are eligible for recalculation.
The table amount of child support and some special or extraordinary
expenses can be recalculated if directed by the court.
What do I have to do to get a
recalculation order if I have a child support order?
If your current child support order
does not allow for recalculation, you must apply for a court order
authorizing the recalculation of the child support. The
Recalculation Service Office can provide the documents needed and
explain how to complete them. The parent seeking a recalculation
order must file the documents in court and pay a court filing fee.
If the court orders recalculation based on the application, a notice
will be sent to both parents. Recalculation can be declined by the
court if the order does not meet certain criteria. Contact the
Child Support Recalculation Service Office for more information.
How is a child support order
recalculated?
The Recalculation Service Office
notifies both parents of the application and requests updated financial
information. Once the information is received by the service, the
table amount of child support and any special or extraordinary expenses,
will be reviewed and changed.
What happens if the other parent
doesn't co-operate?
If a parent doesn't co-operate in the
process by providing updated financial information, the Recalculation
Service Office can apply to the court for court orders, including for
court costs, and can ask a judge to determine the other parent's income
based upon the best available evidence.
Can I get copies of the income
information the other parent provides?
The Recalculation Service Office will
provide each parent with the relevant financial information given by the
other parent. The support determination officer will discuss with
either party any concerns about the recalculation process.
What if I don't agree with the
recalculated child support amount?
A parent who disagrees with the
recalculated child support amount arrived at by the Recalculation
Service Office can apply to court for a variation of the original
support order within 30 days of receiving the recalculated order.
A judge will decide the amount of the child support. The variation
application stops the recalculated child support order from taking
effect.
Can I get a recalculation to cancel
my child support arrears?
No, if you have a change in circumstances, such as
a loss of job, before the annual recalculation of child support you must
apply to a court for a variation of child support. The
Recalculation Service Office does not have the authority to reduce or
cancel child support arrears. Arrears can only be reduced or
cancelled by a judge through a variation application. The Guide
to Changing Child Support Orders in Manitoba information booklet is
available from the Recalculation Service Office and on the Manitoba
Justice website:
www.gov.mb.ca/justice/family/law/index.html
Is the service available all through the province?
Yes, you can access the service
outside of Winnipeg by calling the toll free number listed below.
Is this service free of charge?
Recalculation services are free
of charge. However, you are responsible to pay for any related
court filing and document serving fees.
For more information, contact your
nearest court office or:
Manitoba Justice
Child Support Recalculation Service Office
Room 201 - 373 Broadway
Winnipeg MB R3C 4S4
Phone: (204) 945-2293
Toll Free: 1-800-282-8069 (Ext. 2293)
E-mail:
CSRS@gov.mb.ca
Fax: (204) 948-2423
This project is funded
in part by The Department of Justice Canada.
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