Child Support Service
The Child Support Service (formerly the Child Support Recalculation Service) can now provide an initial administrative calculation of child support amounts for parents who do not have a child support agreement or court order in place.
The Child Support Service will continue to administratively recalculate child support to ensure payments are based on a payor’s updated income information as they have done since 2018.
The Child Support Service helps families ensure a fair level of support for their children without the need to go to family court.
Administrative calculation or recalculation services help parents avoid the financial burden and stress of going through the family court system to determine an initial child support amount or to recalculate existing child support amounts. There is no cost to apply.
The Family Maintenance Amendment Act, 2023 came into force on September 15, 2023, changing legislation to make it easier to forego the family court process for child support.
The Child Support Service is a pilot project expansion of the Child Support Recalculation Service with financial support from the Federal Department of Justice through the Canadian Family Justice Fund.
1. About the Program
Child Support Calculation
Parents (or legal decision-makers) who have not determined child support may apply to the Child Support Service to administratively calculate child support amounts. An initial child support calculation is based on income from one or both parents, depending on the type of parenting arrangement.
Calculation applies if there is no previous agreement or court order for child support in place.
A calculation cannot take place unless both parties consent to a calculation and agree to the parenting arrangement.
A calculation decision specifies the calculated child support amount and the start date of the payments. The decision is provided to both parties. If the decision is filed with the court, it can be enforced like a court order.
If they disagree with the decision, parents always have the option to apply to the court for a child support order.
A calculation decision may be eligible for a recalculation if the income of the payor changes.
Child Support Recalculation
The Child Support Service can administratively recalculate child support payments if there is an existing child support agreement or order in place.
For a recalculation, only one party is required to consent.
Recalculations can be completed six months from the date of the most recent agreement, court order, recalculation decision, calculation decision or family arbitration award. A party can apply by completing an application form.
The Service does not follow scheduled payment adjustments that may be set out in an existing child support document. For example, a clause that states payments will be adjusted based on the exchange of income tax in a specific month each year may not apply to recalculation. Child support amounts may increase, decrease, or there may be no change depending on the income of the payor.
A recalculation decision specifies the recalculated child support amount and start date. The decision is provided to both parties and filed with the court. If the parties notify the Service they have a case file with the Maintenance Enforcement Office, a copy of the decision is sent to that office.
Parties have 30 days to apply to court to vary or suspend the recalculation decision.
Any parent or guardian who needs to determine child support amounts may apply for Child Support Calculation. Parents who already receive child support may apply for recalculation after six months based on a change in income.
There is no cost for calculation or recalculation. Please note that the following restrictions apply:
Calculation and Recalculation of Child Support is NOT possible if:
- Payor has self-employment, farming, or rental income;
- The income of the payor is $150,000 or higher; or
- A court date has been set to hear an application for child support.
Calculation of Child Support is NOT possible if:
- One parent does not consent to a calculation (consent of both parents is NOT required for recalculation);
- Parents do not agree on a parenting arrangement for the child/children; or
- Dependents are over the age of 18 (they may still be eligible for recalculation of child support).
Recalculation of Child Support is NOT possible if:
- Less than six months have passed since the date of the most recent child support order, agreement, recalculation decision, calculation decision or family arbitration award;
- The payor’s income in the order was imputed;
- The amount of support was not determined based on the Child Support Guidelines;
- A parent resides outside of Saskatchewan, unless that party agrees to use the service;
- Payor stands in the place of a parent (in loco parentis);
- The applicant is the payor and is not receiving income unless the recipient agrees to a recalculation; or
- The child support document indicates the child support amount cannot be recalculated.
Please contact the Child Support Service if your child support agreement was made prior to March 15, 2018, to determine your eligibility for recalculation.
The Child Support Service does not calculate or recalculate retroactive payments, arrears or extra-ordinary expenses as described under section 7 of the Federal Child Support Guidelines.
If you are ineligible for a calculation or recalculation, or if you would like additional information about your options, you may contact the Child Support Service directly.
The Family Law Information Centre will also provide information regarding your options at no cost. You can contact the Family Law Information Centre at email@example.com or by telephone toll free at 1-888-218-2822.
Alternatively, you may wish to contact a private lawyer.
3. How to Apply
Request an initial child support calculation if you do not have an existing child support order or agreement.
Request a child support recalculation if you have an existing child support document such as:
- an agreement;
- court order;
- calculation decision;
- recalculation decision; or
- family arbitration award.
For recalculation, one of the above documents must be submitted with an application form. If you only have a child support agreement, the agreement must be filed with the Court of King’s Bench.
Once you have completed an application form and saved it as a PDF, please email it as an attachment to firstname.lastname@example.org or print and send to:
Child Support Service
Room 323 - 3085 Albert Street
Regina, SK S4S 0B1
If you cannot access the form online, please contact the Child Support Service to request a copy of the application form or if you have any questions.
4. Additional Information
The amount of child support is calculated and recalculated by applying the payor’s gross annual income to the Federal Child Support Guidelines.
The Child Support Service requires a payor to provide a sworn financial statement and income tax information. For applications received between January 1 to April 30, the previous year’s taxable income is applied. For applications received from May 1 to December 31, current yearly income will be calculated based on paystubs and statements of earnings from all income sources for the current year.
Information Regarding the Other Party
If the payor does not provide financial statements or tax information directly, the Child Support Service can take steps to locate the other party; however, it has limited means to obtain information. The Service requires as much information as possible to contact the other party even if that is only a phone number or email address.
If the payor does not disclose their income information for a recalculation, the Service may request information from a third party, like an employer.
In some cases, if a payor refuses to share income information, the Service may apply to court to determine income based on the information it has. This is done by taking the payor's income listed in the previous child support document and calculating an additional 10 to 30 per cent based on how much time has elapsed. The intent is to ensure a child is getting a fair level of support if the payor is not updating their actual income.