Effective March 1, 2015, all child support orders granted in Alberta must include a clause indicating whether the Child Support Recalculation Program may recalculate the child support in the future. If you wish to access RP services, the clause you should add to your child support order is:
This order may be recalculated by the Alberta Child Support Recalculation Program ("the Recalculation Program") based on its anniversary date if eligible for recalculation and if the Recalculation Program determines recalculation is permissable and appropriate pursuant to the Family Law Act and regulations. Either party may apply to register with the Recalculation Program at 8th Floor, 10365 - 97 Street, Edmonton, Alberta T5J 3W7, telephone 780-401-1111 (website: www.recalculation.alberta.ca). Should either party fail to comply with the income disclosure requirements of the Recalculation Program, then the income of that party may be automatically deemed to have increased as set out in section 55.51 of the Family Law Act.
Although RP uses legislated eligibility criteria to determine if your child support order can be recalculated, having the recommended recalculation clause in your order is helpful because it:
- Provides standard wording that increases the chance of your child support order being eligible for recalculation.
- Makes it clear the parents or the court made a conscious decision to have RP involved in recalculating child support.
- Reinforces RP’s authority to recalculate by applying a deemed income increase to clients who do not provide their income information.
See Recalculation Clauses in court orders for more information.