Recipient info

Recipient info

How the Child Support Recalculation Program helps recipients
What the Child Support Recalculation Program can’t do for recipients
Recipients’ legal obligations
Recipients’ rights

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How the Child Support Recalculation Program helps recipients

The Recalculation Program (RP) allows recipients to have their eligible child support orders regularly recalculated to reflect changes in the parents’ earnings as shown by their income tax returns.  RP charges each of the recipient and payor a service fee of $77 for each recalculation that changes their child support amount.

Once clients register with RP, this service:

  • offers an easy and inexpensive way for recipients to fulfill their legal obligation to ensure the child support their children receive matches the parents’ incomes;
  • provides regular changes to child support amounts that respond to either increases (e.g. raises) or decreases (e.g. cutbacks, job loss) in the payor’s income;
  • ensures accessibility no matter where in Alberta the parties reside;
  • does not require either party to attend court or go to a government office, and;
  • provides certainty, predictability and transparency in the method of recalculation.

RP considers only one change in circumstance regarding child support payments – a change in guideline income as shown by their income tax returns. This change in guideline income can result in a new table amount of support being payable and/or updated proportionate shares of special or extraordinary expenses only.  No other terms of the existing court order are affected.

RP bases its recalculations on income tax documentation. If RP is recalculating proportionate shares of special or extraordinary expenses or monthly support in shared or split custody (parenting) situations, RP  also considers the recipient’s income information. A deemed income increase  can be applied if a parent fails to provide RP with the required income information.

RP requires tax return documents for the most recent tax year (previous calendar year ending December 31).  If a parent’s (payor or recipient) notice of assessment for the previous calendar year is not yet available, the parent can submit tax return documents for the year before the previous calendar year only if the income information due date is prior to June 30.  A deemed income increase can be applied if a parent fails to provide RP with the required income information.

RP can recalculate in some, but not all, cases where income information shows a payor or recipient is self-employed or involved in a private corporation.

See also: Dealing with Self-Employment Income Information Sheet - 22 KB  Download Adobe Acrobat Reader

Recalculations are based on the anniversary date of the order being recalculated.  After reviewing the parties’ income information, RP will send both parents a written Recalculation Decision.

If RP's calculations show a difference of at least $10 per month in child support (or at least 10% in proportionate shares), RP's Recalculation Decision changes the amount of child support payable in the parties’ court order.  The parents are responsible for paying the new amounts stated in the decision unless an objection  is made within 30 days after the Recalculation Decision is sent.  Each of the recipient and the payor is charged a service fee of $77 for the recalculation.

What the Child Support Recalculation Program can’t do for recipients

The Recalculation Program (RP) recalculates eligible child support orders (and some agreements)RP does not help recipients get a child support order or agreement; it only recalculates existing ones. Parents looking for help with resolving legal disputes can find information on the Resolution and Court Administration Services web page.

RP will apply its legislation and regulations to recalculate child support in an administrative, efficient, non-discretionary manner.  It cannot weigh evidence, exercise discretion or consider special circumstances like a court can.  Some situations, such as those involving significant self-employment or private corporation involvement by a payor or recipient, may need to be handled by a court instead of RP.

See also: Dealing with Self-Employment Income Information Sheet - 22 KB  Download Adobe Acrobat Reader

RP targets its recalculations to be effective on the anniversary date of the court order and uses income tax documentation to recalculate. This is the case even when the child support order directs a different date for recalculation to occur. This means recipients cannot ask RP to recalculate at different times or to respond immediately to income changes.  For example, if a payor receives a large pay increase, RP will not immediately change the child support payable.  Rather, RP's recalculation of child support will take this increase into account the following year, after it appears on the payor’s income tax return.

Unlike the court dealing with a parent’s request for a variation order, RP cannot deal with:

  • retroactive child support
  • maintenance arrears
  • deciding if a child is still eligible for support
  • the entitlement to special or extraordinary expenses
  • changes other than income (such as a child no longer being dependent or moving to live with the other parent, or changes in the nature of special or additional expenses being incurred)
  • relief other than child support (e.g. parenting time, property)
  • evidence of income other than income information.

RP also does not deal with enforcement of child support.  This is handled by the Maintenance Enforcement Program (MEP).  In some cases, MEP may be able to address some changes in child eligibility or special expenses through their policies on reducing enforcement.  This would only apply to parties who are registered at MEP

Recipients’ legal obligations

Recipients registered with the Child Support Recalculation Program have these obligations to the program:

  1. Contact information
    Recipients must provide the Recalculation Program (RP) with their current contact information (address and phone numbers) and inform the program of any changes to this contact information within 30 days. The most convenient and secure way for recipients to update their contact information is through their online account in RIO. Recipients can also do this by phone, regular mail, fax or e-mail.  (To protect their privacy, clients choosing to use fax should ensure they dial the correct number. Those using e-mail should know the Internet is not secure; e-mails can be easily intercepted or misdirected.)

    Recipients are also encouraged to inform RP of any changes in the payor’s contact information.  

    RP  is entitled by law to use the last known address for a client when sending its Recalculation Decisions or other notices.  Any documents sent to a client’s last known address are deemed by law to have been received.
  2. Income information
    If RP is recalculating proportionate shares of special or additional expenses or monthly support in situations of shared or split custody (parenting), recipients must provide income information to RP.  That information is due at least 60 days before the anniversary date of the child support order.  The information required is:
  3. See also: Example of income tax return - 869 KB  Download Adobe Acrobat Reader
    See also: Example of notice of assessment or reassessment - 50 KB  Download Adobe Acrobat Reader

    RP requires tax return documents for the most recent tax year (previous calendar year ending December 31). If a recipient's notice of assessment for the previous calendar year is not yet available, the recipient can submit tax return documents for the year before the previous calendar year only if the income information due date is prior to June 30. If the recipient does not provide RP with income information as required, RP may complete the recalculation as if the recipient’s income had increased by up to 25% or as if the recipient's income was $28,288, whichever is the higher amount. RP may need an order from the court to do this in some cases. 

    For more information, see Information Sheet - Deemed Income Increase - 36 KB  Download Adobe Acrobat Reader .

    About a month before it is due, RP will send clients a courtesy reminder to send their income information. It is the client’s responsibility to ensure their income information reaches RP on time, however, even if they do not receive the reminder. 
  4. Service fee
    RP charges each client a service fee of $77 for each recalculation that results in a change in the child support payable.  Clients must ensure they pay their service fees, even if they do not agree with RP’s decision.
     
    Recipients registered with the Maintenance Enforcement Program (MEP) will have their service fee automatically applied to their MEP file. MEP can deduct payment of the fee from funds collected on their MEP file or the recipient can instead choose to pay the fees by cash, cheque or money order.

    Note: Service fee payments cannot be made by telephone or Internet banking or by credit card. Clients should not send cash through the mail. Cash and debit payments for RP are accepted at MEP's Edmonton office at 7th Floor, 10365 - 97 Street.
  5. Providing child support orders and court applications
    Recipients must promptly provide RP with copies of any court orders granted that change or confirm their child support. They should also keep RP informed of any ongoing court applications regarding their child support amounts. The best way to do this is to provide copies of all application documents.

Recipients’ rights

Recipients with eligible child support orders have the right to request registration with RP

Once registered with RP, recipients have these rights:

  1. Right to object
    Recipients who do not agree with a Recalculation Decision have the right to object to the recalculated child support amount within 30 days of being notified of the Recalculation Decision.
     
    For more information, see Information Sheet - Objecting to a Recalculation Decision - 38 KB  Download Adobe Acrobat Reader .

    If the parties are required by court rules or their court order(s) to complete certain steps before they are allowed to bring a child support court application, also see Information Sheet – Objecting to a Recalculation Decision – Mandatory Prerequisites.

    See also:
    Notice of Objection to Recalculation Decision
    form
     - 94 KB  Download Adobe Acrobat Reader .
  2. Right to privacy
    RP will keep recipients’ contact and other personal information private.  It will not be disclosed, except as required by law.  One notable exception is that recipients’ income information may be shared with payors if provided to RP.
  3. Right to consent to recalculation in some self-employment situations
    If a payor’s income information shows involvement in a private corporation or partnership, and child support will decrease based on this income information, RP may seek consent from the recipient before proceeding with the recalculation. RP may also seek the recipient's consent in some circumstances where the payor's income information shows significant self-employment income. In these cases, you have the right to choose whether you want RP to proceed with the recalculation.

    For more information, see Dealing with Self-Employment Income Information Sheet - 22 KB  Download Adobe Acrobat Reader
  4. Right to withdraw or waive recalculation
    If the recipient is the party who registered with RP, the recipient can also choose to withdraw from the program. 

    RP must receive the recipient's written withdrawal request at least 60 days before the anniversary date of the court order if the recipient wishes the current recalculation to be cancelled and the file closed. However, recalculation will continue if the payor has registered or chooses to register with RP.  If the withdrawal is received late, the file may be closed only after the current recalculation is completed.

    See also: Withdrawal Form - 88 KB  Download Adobe Acrobat Reader

    With the agreement of the payor, recipients can also ask RP not to recalculate for any given year. For the current recalculation to be waived, RP must receive the waiver form at least 60 days before the anniversary date of the child support order.

    See also: Waive Recalculation form - 94 KB  Download Adobe Acrobat Reader .
  5. Right to obtain income disclosure from the payor
    RP will be asking the payor each year to provide the program with income information. Registration with RP does not affect the recipient’s right to ask the payor for financial information. Each parent still has their usual right to request financial disclosure under the Alberta Rules of Court and the Child Support Guidelines.

    Parents also keep their right to receive any financial documents the court has ordered the parties to share; many child support orders contain a clause directing both parties to share tax returns and other documents on a yearly basis.

    Recipients can see a copy of the income information the payor has provided to RP on their file through RIO, the online account system offered to RP clients.

    Before posting the information received from the payor, RP typically removes certain parts of the payor’s personal information, such as marital status, Social Insurance Number and contact information. For more information see: RIO Info Sheet Download Adobe Acrobat Reader .
  6. Right to return to court
    Even when registered with RP, recipients have the right to return to court at any time to ask to vary their current order. It is very important that the recipient inform RP of any court applications to change child support. If a new order is granted, a copy should be provided promptly to RP.