How does Alberta's Child Support Recalculation Program work, and who is eligible?
This answer covers the law of Alberta.
The Child Support Recalculation Program recalculates court-ordered child support each year using both parents' income tax information. Only guideline income changes are considered, and no other terms change.
To be eligible, both parents must live in Alberta, and the order must be dated on or after May 1, 1997, made in Canada and based on the Federal Child Support Guidelines tables. A recipient who lives elsewhere in Canada can request registration if their income is not needed. Orders are not eligible if they state imputed payor income or, where needed, imputed recipient income (shared or split parenting, or proportionate shares of special expenses), set a future court review date, direct no recalculation, or use 'without prejudice' or 'pre-disclosure' wording unless recalculation is expressly allowed.
Each parent pays a $77 fee when a recalculation changes their amount. Payors must send tax documents and an Income Questionnaire at least 60 days before the order's anniversary date. If you disagree, you have 30 days after receiving the decision to object by applying to court to vary, suspend or terminate the order and sending the program a Notice of Objection with the filed application and affidavit. The program applies only going forward and does not award or reduce arrears, provide retroactive support or help get a new order.
Key takeaways
- The program recalculates eligible child support each year using both parents' income tax information, and only guideline income changes.
- Eligibility generally requires both parents in Alberta and a table-based order dated on or after May 1, 1997, but some orders, such as those with imputed payor income, a set future court review date or a no-recalculation direction, are excluded.
- Payors must send tax documents at least 60 days before the anniversary date, and each parent pays a $77 fee when a recalculation changes their amount.
- You have 30 days after receiving a decision to object by applying to court and sending the program a Notice of Objection, and arrears, retroactive support or a new order are outside the program.