Family Law

 

A Guide to Changing A Child Support Order

• Part A: Child Support Orders in Manitoba
• Part B: Procedure and Rules in Court of Queen's Bench (Family Division)
• Part C: Preparing Court Documents
• Part D: Resources

 

Introduction

This guide is intended to help a parent apply to court in Manitoba to change a child support order. It is for parents who pay child support and for parents who receive child support. This guide contains information on the courts' requirements and procedures for child support recalculations and variations as of January 1, 2006.

There are many reasons to hire a lawyer to help you apply to court to change a child support order. Lawyers know the law and court processes. Lawyers can give you advice about whether or not it's a good idea to apply to court to change your child support order. Lawyers can help keep the costs of your case down and know the legal strategies that can help your case.

This guide is not a substitute for a lawyer. It does not give you any legal advice. It does not help you decide if you should go ahead with the court process or decide how to proceed. It does not give information about all possible court processes that you may need.

This guide contains only basic information about the court processes and documents needed to apply to court to change a child support order in Manitoba. The process is complicated and this guide does not answer every question that you may have.

To find more information about the law of child support and family law, in general, get a copy of Family Law in Manitoba and the Federal Child Support Guidelines: Step-by-Step (Acrobat PDF format). These are free and can be obtained through:

• Community Legal Education Association
• Manitoba Justice Family Law Branch
• Family Services and Housing, Family Conciliation
• Justice Canada
• Child Support Recalculation Service.

Look in Part D for how to contact these organizations to get copies of these booklets.

This guide contains information only, not legal advice. It is not judge-approved or lawyer-approved. Using it does not guarantee that you will succeed in court.

This guide has been created to permit those applying to court to change a child support order to have access to the same information about how to do it and to help make the court process more efficient. If everyone knows the process and the rules before they come to court, it saves court time.

You have a right to represent yourself in court if you want. But you should know that with this right comes the responsibility to follow the rules of court and court process.

Before you decide to use this guide, ask a lawyer what it would cost to represent you. You have the right to go to court without a lawyer to represent you, but you need to know that in court, you will be treated the same as a person who has a lawyer. Do not expect any special or different treatment because you don't have a lawyer. If you do not know and follow the court rules, you will have to live with the consequences.

For help finding a lawyer:

• call the Lawyer Referral Program and get a free 30 minute appointment with a lawyer - call (204) 943-2305 in Winnipeg or 1-800-262-8800 outside Winnipeg
• check the Yellow Pages listings
• speak to friends or family for recommendations

Even if you decide not to use a lawyer to represent you, you still should consult a lawyer before you use this guide.

If you use this guide, you are expected to:

• read the whole guide
• be familiar with the court rules that apply
• follow the court rules that apply
• be familiar with the laws that apply, including the Divorce Act, The Family Maintenance Act and the Child Support Guidelines.
• follow the laws that apply

 

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