Changing Child Support
Effective July 1, 2020, the Child Support Service will have the authority to make an initial child support calculation decision based on income information obtained from one or both parents, depending on the type of child support requested. The service can also recalculate an existing child support order, family arbitration award, or agreement by adjusting child support based on updated financial information. Decisions will be enforceable by the Maintenance Enforcement Program.
What is the difference between calculation and recalculation of child support?
Calculation is done by the Child Support Service to determine the amount child support payable where there is no existing court order, family arbitration award or written agreement between the parents related to child support that specifies that the amount of child support may be recalculated.
Recalculation is done to adjust the child support payable in a child support order made by the court, a written agreement for child support that specifies that the amount of child support may be recalculated , a family arbitration award or a calculation or recalculation decision, including a previously recalculated child support order made by the Child Support Service. The recalculation is based on updated financial information.
After the first calculation or recalculation process is completed by the service, child support will automatically be recalculated in the future based on a fixed two year schedule unless both parents provide notification that they do not wish the recalculation process to proceed.
For information on how to apply for calculation, recalculation or to opt out of recalculation, visit the Child Support Applications section of this website.
What is Early Recalculation of Child support?
The Child Support Service can perform an early recalculation of child support in certain circumstances before the next scheduled recalculation date. Many parents experience unexpected changes to their personal financial circumstances or the needs of a child have changed over time, which may require immediate adjustment to child support that cannot wait for the scheduled recalculation date.
There are some restrictions to early recalculation. The application cannot be made any earlier than six months from the date of the last child support order or recalculated child support decision. The Child Support Determination Officer must be satisfied that the change in financial circumstances of one or both parents is significant enough to warrant an early recalculation of child support after reviewing the Application for Early Recalculation.
What if a parent cannot pay the child support right now?
Contact the Maintenance Enforcement Program and apply for an administrative suspension of child support. For more information, visit the Enforcing Support section of this website.
How do I qualify for recalculation to change the child support order?
You need to have a child support order granted by a Manitoba court, a written agreement with the other parent for child support that contains a recalculation provision in it, or family arbitration award made under The Arbitration Act for child support.
Is every child support order eligible for recalculation?
No, some types of child support orders are restricted or prohibited from being recalculated by the Child Support Service.
- child support orders for an amount not based on the Child Support Guideline Tables
- where the court imputed income to a parent in certain circumstances
- some parenting arrangements
- certain sources of income; or
- interim child support orders made under the Divorce Act.
You can send the Child Support Service a copy of the court order, decision or agreement for review and to determine eligibility.
Can I apply if I was not eligible for recalculation under the previous Child Support Recalculation Service or opted out of that service?
Yes, you may now be eligible for recalculation. Some child support orders granted under the Divorce Act may not be eligible for recalculation, more information will be shared as it becomes available
What financial information will I need to provide?
The Child Support Service will request:
- copies of the last three years of filed income tax returns with the Notice of Assessment that were issued by the Canada Revenue Agency
- current pay or benefits statements; and
- the completion of a Financial Statement.
Where there was a termination of employment, lay-off or work related injury then a record of employment will be required along with confirmation of benefits such as Employment Insurance (EI), Canada Emergency Response Benefit (CERB), Workers Compensation (WC) or Employment and Income Assistance (EIA) benefits.
The Canada Revenue Agency or Service Canada online service portals can be used to apply for copies of documents. For section 7(1) special or extraordinary expenses, copies of receipts, invoices and cancelled cheques will be requested to verify the expense amounts.
For more information, visit the Child Support Applications section of this website.
Special or Extraordinary Expenses
Can both the table amount and section 7(1) special or extraordinary expenses be recalculated?
Assuming there is no eligibility issues or restrictions that apply, both the table amount and the six categories of special or extraordinary expenses (if set out in a court order) can be recalculated by the child Support Service.
What if a section 7(1) expense is no longer being incurred or there is a new expense for a child?
The Child Support Service can adjust the amount payable for an old expense based on updated information and can now add, in certain circumstances, a new expense not currently payable in an existing child support order. The other parent will be notified of the claimed expense and given an opportunity to respond.