How to Apply to the Manitoba Child Support Service

The Child Support Service can calculate child support in accordance with its Act and the child support guidelines. Knowing the forms and documents in advance makes the process smoother.

This article walks through who can apply, the forms, where to send them, how the amount is worked out, what to expect on timing, and what to do if you disagree with the result.

This article covers the law of Manitoba.

Who can apply

A parent, or another person on behalf of a child, may apply for a calculation. For an initial calculation, the parents must live separate and apart, and no order or family arbitration award can already provide for the child's support.

The Service may not calculate support if it cannot establish the recipient's right to support or the payor's obligation, or if it lacks the required information.

Support is not only for young children. Parents must support a child until age 18, and support can continue past 18 if the child is still dependent because of illness or disability, or is in full-time school or post-secondary education. Support does not end automatically at 18 unless the order, agreement or award says so.

Forms you will need

Complete the Application for a Child Support Calculation Decision (Form A) and a Family Resolution Service intake form, unless one was already filed, and submit both to the Child Support Service.

If the support is for a child over 18, the claiming parent completes Form C, which the Service uses to assess whether the adult child remains entitled.

Documents and where to send them

• The last three years of filed income tax returns with Canada Revenue Agency Notices of Assessment
• Current pay or benefit statements
• A completed Financial Statement

You can submit by email to CSRS@gov.mb.ca, by fax to 204-948-2423, or by mail or in person at 100-352 Donald St., Winnipeg, MB R3B 2H8.

The Service may also ask in writing for information about a payor's or recipient's address, employer and finances. The person asked must comply within 21 days, without charge. If the information is not provided in time, the Service may calculate or recalculate under the regulations.

How the amount is worked out

Manitoba's regulation adopts the federal tables instead of setting its own. The applicable table is the one for the province where the parent against whom the order is sought habitually resides, with exceptions for parents living outside Canada. The basic amount depends on the paying parent's pre-tax income and the number of children. Extra costs such as childcare, health, education and extracurricular activities may be added, and both parents' incomes are considered when sharing those costs.

The paying parent's income starts from the Total income line on the T1 General tax form, adjusted under Schedule III of the federal Guidelines. To see actual dollar figures, check the current federal tables or the Justice Canada calculator.

• Shared parenting applies when each parent has at least 40% of parenting time over a year, and support is not automatically set at the plain table amount.
• Where the paying parent earns over $150,000, the court may use the table amount or set a different amount for income above that level.
• Where each parent has the majority of parenting time with at least one child, the amount is the difference between what each parent would otherwise pay.

How these rules apply to your family depends on your situation, so it is worth confirming with a lawyer if your case does not fit the usual pattern.

Cost, timing and backdating

There is no fee to file an application. Out-of-pocket costs may arise after acceptance, and in some cases a parent may need to pay to have documents served on the other parent.

Manitoba states it can take between three to five months from submission to receive a decision. That is government guidance, not a legal deadline, and real timing depends on how complete your file is and whether the other parent responds. The first calculated payment may be backdated to the date the Service receives the application.

After the decision and next steps

A calculation or recalculation decision has the same effect as a child support order and is enforceable under The Family Support Enforcement Act, through the Maintenance Enforcement Program.

A parent who objects can apply to court. For an initial calculation, a copy of the court application must be given to the Service within 30 days. For a recalculation decision, the application must be made within 30 days after the parties receive a copy.

If your finances change later, you can ask for a recalculation using Form M and a Family Resolution Service intake form. An early recalculation using Form L cannot be made earlier than six months after the last order or recalculation decision, and the Service must be satisfied the change is significant enough.

• Gather your three years of tax documents before you start.
• Fill in Forms A, B or C and any expense forms that apply.
• Keep copies of everything you send.
• Get legal advice before the 30-day period runs out if you disagree with a decision.

Frequently asked questions