Alberta Child Support Recalculation Program Explained

If you pay or receive child support under a court order, your incomes probably change over the years. Going back to court each time can be slow and stressful. Alberta runs a program that updates support on a yearly basis instead.

This article explains how the Child Support Recalculation Program works, who is eligible, what it costs, what the deadlines are and what you can do if you disagree with a decision.

This article covers the law of Alberta.

What the program does

The Child Support Recalculation Program recalculates court-ordered child support each year using both parents' current income tax information. Only changes in guideline income are considered, and no other terms of your order change.

In plain words, it is a way to keep the dollar amount in step with income without a new court application. It is not a way to change parenting arrangements or other terms of the order.

Who is eligible

To be eligible, both parents must live in Alberta, and the order must be dated on or after May 1, 1997, granted in Canada, and based on the Federal Child Support Guidelines tables, stating the payor's guideline income and the number of children. A recipient who lives outside Alberta but in Canada can request registration if their income is not needed for the recalculation.

Some orders are not eligible. Check your order for these features:

• It states imputed income for the payor.
• It states imputed recipient income where that income is needed, such as shared or split parenting or proportionate shares of special expenses.
• It sets a future specific court review date.
• It directs that there be no recalculation.
• It uses the words 'without prejudice' or 'pre-disclosure', unless recalculation is expressly allowed.

Self-employed parents face limits. Recalculation is possible only in limited cases, for example where self-employment income is 20% or less of total income from other sources. If a self-employed parent's income decreases, the other parent must consent or the recalculation is abandoned.

What it costs

Each parent pays a $77 service fee for each recalculation that changes their child support amount, even if they disagree with the decision. Parents in the Maintenance Enforcement Program have the fee applied to their MEP file automatically. Fees can change, so confirm the current amount with the program.

The yearly process and deadlines

Payors must send their latest filed tax return, every Notice of Assessment or Reassessment for that year and a completed Income Questionnaire at least 60 days before the order's anniversary date. Withdrawal or waiver forms are also due 60 days before, and a waiver needs the other parent's agreement.

A recalculated amount changes only if the difference is at least $10 per month (or at least 10% in proportionate shares). If a parent does not provide income information on time, the program may apply a deemed income increase.

If you disagree with the decision

Recalculation decisions take effect about one month after issue, and you have 30 days after receiving the decision to object. To object, you apply to court to vary, suspend or terminate the order and send the program a Notice of Objection to Recalculation Decision with the filed application and affidavit.

Remember what the program cannot do. It applies only going forward, and it does not award or reduce arrears, provide retroactive support or help parents get a new order.

What to do next

• Read your order for the eligibility features listed above.
• Confirm both parents live in Alberta, or whether the recipient-outside-Alberta exception applies.
• Gather your latest filed tax return and Notices of Assessment or Reassessment.
• Mark the order's anniversary date and count back 60 days.
• Keep any decision letter and note the date you received it, so you can track the 30-day objection period.
• Speak with a lawyer if your order is not eligible, you have arrears, or you want to object.

Frequently asked questions