How to Object to a Child Support Recalculation Decision in Alberta

You open a letter from the Child Support Recalculation Program and the new amount is not what you expected. Maybe your income is not what the program used, or the change seems to come from nowhere. The next few weeks matter, because the deadline to object is short.

This article covers the steps and deadlines for objecting, the court forms that usually apply, and why a recalculated amount can be wrong. It does not explain how the program works in general. It is general information, not advice on your situation.

This article covers the law of Alberta.

The two dates that matter

A recalculation decision takes effect about one month after it is issued. A parent has 30 days after receiving the decision to object. Because the decision takes effect on its own timetable, do not wait to see whether the new amount feels wrong once payments start.

Outside the program, the general rule is that a support amount does not change until the court has made an order. How that rule interacts with the timing of a recalculation in your case is worth confirming with a lawyer, especially if the effective date is close.

How you object

Objecting is a two-part process. First, you apply to court to vary, suspend or terminate the order. Second, you send the program a Notice of Objection to Recalculation Decision together with the filed application and affidavit. Sending only a letter of complaint to the program is not the process the program describes.

• Note the date you received the decision and count 30 days from it.
• Gather your court order, tax returns and Notices of Assessment for the past 3 years, and proof of current income.
• If you are the recipient, also prepare a list of special expenses.
• File your court application and affidavit.
• Send the program the Notice of Objection to Recalculation Decision with the filed application and affidavit.

Which court forms apply

The forms depend on your family history. The court application is filed at the court and location where you have already been to court with the other party or started an action. If neither applies, you file at any court in Alberta. If you do not attend, the judge may make an order in your absence.

A payor who wants to reduce or cancel arrears uses a separate form, the Application to Reduce or Cancel Arrears.

What the court looks at

Objecting does not mean the court simply re-reads the program's decision. You must show a legal reason to change the order. For a divorce-based order, the court must be satisfied that a change of circumstances under the applicable guidelines has occurred. Where the amount includes a table determination, that is any change that would result in a different child support order or any provision of it.

For an order under the Alberta Family Law Act, the court must be satisfied of either a change of circumstances, including those provided for in the guidelines, or evidence of a substantial nature that was not available at the previous hearing. For an order under the Divorce Act, a court varying child support must do so in accordance with the applicable guidelines. Whether your facts meet the test is something a lawyer can assess.

Why a recalculated amount can be wrong

The program only considers changes in guideline income, and no other terms of the order change. That narrow approach is one reason an amount may not fit your life. Common problems include:

• Deemed income: if a parent does not provide income information on time, the program may apply a deemed income increase.
• The $10 threshold: a recalculated amount changes only if the difference is at least $10 per month, or at least 10% in proportionate shares.
• Self-employment: recalculation is possible only in limited cases, for example where self-employment income is 20% or less of total income from other sources.
• Falling self-employed income: if a self-employed parent's income decreases, the other parent must consent or the recalculation is abandoned.

If late paperwork led to a deemed increase, the real tax documents are likely central to your court application.

What the program cannot fix, and what to do next

The program applies only going forward. It does not award or reduce arrears, provide retroactive support, or help parents get a new order. Each parent also pays a $77 service fee for each recalculation that changes their support amount, even if they disagree with the decision. Arrears or backdated claims need a court application.

• Mark the 30-day deadline on a calendar today.
• Collect the decision, your court order and three years of tax documents.
• Identify which forms fit your family history.
• Speak with a lawyer early about whether your facts meet the court test and how timing works.

Frequently asked questions