Legislation 

Legislation

The Child Support Recalculation Program’s authority to recalculate child support comes from the Alberta Family Law Act and the federal Divorce Act.

Family Law Act
Child Support Recalculation Program Regulation
Divorce Act
Federal Child Support Guidelines
Alberta Child Support Guidelines

Family Law Act

Part 3 Division 1.1 of the Family Law Act establishes the Child Support Recalculation Program (RP) of Alberta and gives the program authority to annually recalculate child support amounts.  These amendments came into force on January 1, 2010. 

To view the Act, visit the Alberta Queen’s Printer website at: http://www.qp.alberta.ca/574.cfm?page=2008ch15_unpr.cfm&leg_type=Acts&isbncln=9780779742776

Child Support Recalculation Program Regulation

The Regulation provides in depth information on how the Child Support Recalculation Program operates.  The Regulation came into force on January 1, 2010.  

To read RP’s Regulation, visit the Alberta Queen’s Printer website at: 
http://www.qp.alberta.ca/574.cfm?page=2009_287.cfm&leg_type=Regs&isbncln=9780779745210

Divorce Act (Canada)

Section 25.1 of the Divorce Act allows the Canadian government to enter into an agreement authorizing a provincial administrative service to recalculate child support ordered under that Act, based on updated income information. The Canadian and Albertan governments signed a S.25.1 agreement in early 2010.

The Divorce Act can be accessed at the Department of Justice Canada website at: http://laws-lois.justice.gc.ca/eng/acts/D-3.4/

Recalculation of a Divorce Act order where no updated income information is provided will usually require a court application to be brought against the non-disclosing party. 

Federal Child Support Guidelines

The Federal Child Support Guidelines came into effect on May 1, 1997. They provide the rules and tables for calculating child support in divorce situations. 

To view the Federal Child Support Guidelines, visit the Department of Justice Canada website at: http://laws.justice.gc.ca/eng/regulations/SOR-97-175/index.html This link opens in a new window

Alberta Child Support Guidelines

Alberta’s Child Support Guidelines provide the rules and tables for calculating child support where parties are using Alberta legislation (e.g. the Family Law Act) instead of the Divorce Act. Alberta’s Guidelines are modeled after the Federal Child Support Guideline amounts. This means there will be consistency in child support amounts between orders made under the federal and provincial legislation. This may make it easier for families to agree on child support amounts rather than having a court decide for them. 

For a copy of the Alberta Child Support Guidelines, visit the Alberta Queen’s Printer website at: http://www.qp.alberta.ca/574.cfm?page=2005_147.cfm&leg_type=Regs&isbncln=9780779741656

The Alberta Child Support Guidelines use the federal child support tables found at: http://www.justice.gc.ca/eng/fl-df/child-enfant/ft-tf.html This link opens in a new window