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 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.
The Child Support Service has updated the eligibility criteria to remove the previous requirement that both parties must consent to the parenting arrangement and an initial calculation of child support. Now consent of both parties is only required to use the service if one parent resides outside of Saskatchewan.
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.
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 Child Support 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.