What if I don’t agree with RP’s decision?

If you don’t agree with the Recalculation Decision because you feel RP has made a clerical error (e.g. typing mistake, reading the wrong line in the Federal Child Support Guidelines), you should contact RP  immediately.  RP can correct errors by issuing an amended Recalculation Decision.
Additionally, RP can revoke (cancel) a Recalculation Decision in cases where the decision should not have been issued (e.g. RP was not aware the parties had obtained a newer child support order than the order the Decision dealt with).

Where RP cannot correct or revoke the decision, you will need to take more formal steps to object to the Recalculation Decision.  RP  sends clients their Recalculation Decision 38 days before the new child support amount comes into effect.  This allows seven days for the clients to receive this information, and 30 days for either client to object to the recalculated child support amount to stop it from coming into effect.

If no objection is made within that time, the recalculated child support amount in the Recalculation Decision becomes part of the parents’ child support order or agreement.  Future child support payments will need to be made in the amounts stated in the decision.

To object to the Recalculation Decision, the parent must commence a court application to vary their child support order. The application must specifically say the parent does not agree with the Recalculation Decision and the parent must attach a copy of this decision to their court documents. They must also notify RP  in writing that they have commenced this application.

For more information, see Information Sheet - objecting to a Recalculation Decision.

Note: The Maintenance Enforcement Program’s website contains helpful information for persons wishing to bring a court application to vary their court order:

Varying or Changing your Court Order - 39 KB  Download Adobe Acrobat Reader

Family Law Information Centres - 34 KB  Download Adobe Acrobat Reader

Referrals to Resources - 66 KB  Download Adobe Acrobat Reader