Inventory of Government-Based Family Justice Services
Child Support Recalculation Service (Manitoba)
Type of service
Support Recalculation Services
Both The Family Maintenance Act and the Divorce Act allow a program to be set up to recalculate child support orders at regular intervals based on updated income information. A recalculation is different from a variation in that a recalculated order will only take effect 31 days after both parents are advised of its terms. It cannot deal with support prior to that date, nor can it deal with any arrears. Additionally, a variation can take into account changes other than income (such as a child no longer being dependent or moving to live with the other parent).
Since July 2005 Manitoba Justice has offered a Child Support Recalculation Service to parents who want their child support order recalculated based on updated income information. The Recalculation Service Office provides parents with information about the court application process to have an order enrolled with the service. This service only applies to recalculation of interim and final child support orders under Manitoba’s Family Maintenance Act and final child support orders under the federal Divorce Act.
For recalculation to be considered, the child support order must contain a table amount of child support and be based on the actual income of the payor. Both parents must live in Manitoba and one of them must obtain a court order authorizing the service to recalculate child support at regular intervals.
To begin the recalculation process, the Child Support Recalculation Service sends a notice to both parents with a request for necessary updated financial information. The service uses this income information to recalculate the table amount of support and, in some cases where the court has directed it, the amount for special or extraordinary expenses. The Child Support Recalculation Service either issues a recalculated order or declines to do so if it decides for technical reasons that it is not appropriate to recalculate the order. If either parent disagrees with the recalculated child support amount, they can, within 30 days of receiving the order, apply for a variation and a judge will decide what the child support amount should be.
Pilot or ongoing service
Courts Division, Manitoba Justice
How to access this service
You must request from the court a Recalculation Order authorizing recalculation of an existing child support order, to be registered with the Child Support Recalculation Service. The court may also include a recalculation clause when making your new child support order.
The Child Support Recalculation Service office in Winnipeg provides province-wide services.
[ Service(s) offered ]
English and French.
Please refer to the Family Law in Manitoba information booklet or the following websites for additional program information:
There is no charge for the service, but court filing and document serving fees apply to family law cases in the Court of Queen's Bench (Family Division).
Governing legislation/legislative authority
Child Support Guidelines Regulation, Man. Reg. 58/98 under The Family Maintenance Act, C.C.S.M. c. F20, and sections 39.1 and 39.2 of the Act. Section 25.1 of the federal Divorce Act.
Child Support Guidelines Regulation and
The Family Maintenance Act can be found at the following website:http://web2.gov.mb.ca/laws/statutes/ccsm/f020e.php
Michael J. Williams
Child Support Recalculation Service
201 - 373 Broadway
Winnipeg, MB R3C 4S4
Toll free: 1-800-282-8069 (ext. 2293) in Manitoba
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