About the Recalculation Service
The Recalculation Service can administratively recalculate child support payments if there is a court order or agreement that meets the eligibility criteria. Either the recipient or payor can apply by submitting an application form and a copy of their court order or agreement. The service is unable to change arrears that may be owing, adjust support payments retroactively or recalculate extraordinary section 7 (extraordinary expenses). There is no cost for a recalculation and the parties are not required to go through the court process. Child support amounts may increase, decrease or there may be no change depending on the income of the payor.
You can apply for a recalculation after a period of six months following the most current court order, agreement or recalculation decision. If an agreement or court order that deals with child support has never been issued, you must obtain an agreement or court order. More information on how to obtain an agreement or court order is included below under referrals.
If you do not have an existing agreement or court order, or are not eligible for a recalculation, you may contact a private lawyer or the Family Law Information Centre to obtain information regarding your options. You can contact the Family Law Information Centre at email@example.com or by telephone at (306) 787-5837 or toll free 1-888-218-2822.
Information Regarding the Other Party
The Recalculation Service requires as much information as possible in order to contact the other party, even if that is only a phone number or email address. The Recalculation Service is able to take steps to locate the other party; however, it has limited means to obtain information. A recalculation cannot take place until both parties are notified.
The Recalculation Service will request that the payor provide a financial statement, current year income from all sources, as well as income tax information for the most recent tax year. The amount of child support will be recalculated by applying annual income to the federal Child Support Guidelines.
If the payor does not remit income information, the service may either request information from a third party, like an employer, or complete a recalculation by deeming income. Deemed income is determined by applying the payor's income from the agreement or court order and calculating an additional 10-30 percent based on how much time has elapsed since the agreement or order was granted. In some cases, the service may apply to court to deem income.
A recalculation decision specifies the recalculated child support amount and commencement date. The decision is provided to both parties and filed with the court. If the parties notify the service they have a case 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.
The application form is available in the Apply section. You may also contact the Child Support Recalculation Service to request an application form; it can be emailed, mailed or faxed to you. If you have any questions, please call (306) 787-5042 or toll free in Saskatchewan 1-833-825-1445.
Recalculations can be completed six months from the date of the most recent agreement, court order or recalculation decision. A party can reapply by completing a new application form.
Legislation regarding Child Support Recalculation can be found in section 21 of The Family Maintenance Regulations, 1998.