Information on Child Support
If parents cannot agree on how much child support should be paid, it will be decided by the court using the federal Child Support Guidelines. A standardized set of guidelines and tables calculate the amount of support that a paying parent should contribute towards their children upon separation or divorce. The guidelines and tables are applied when an application for support is made. These guidelines and tables give parents with children in any type of situation or relationship the same opportunity for support.
1. General Information
The Child Support Guidelines consider three main factors:
- the annual income of the paying parent;
- the number of children eligible for child support; and
- the province or territory where the paying parent lives.
Parents receiving child support payments will not have their payments taxed, and the parent paying child support will not be able to use the money they have paid as a tax deduction.
You can visit the Government of Canada website for more information.
2. Changing the Order or Agreement
Your agreement can only be changed by making a formal written agreement or by going to court. Your court order may be administratively recalculated by the Child Support Recalculation Service, or it may be changed by going to court.
If you wish to change your order by going to court on your own, you can use a self-help kit. Self-help kits contain forms and instructions for changing support orders. Kits are available, free of charge, from the Family Law Information Centre. You may also find and create your court forms by visiting PLEA's family law website.
3. Parents Living Outside Saskatchewan
The Inter-jurisdictional Support Orders (ISO) Unit assists individuals in:
- applying for child support or changes to child support where the other parent lives outside of Saskatchewan;
- arranging for registration of the applicant's order or agreement in the other jurisdiction; and
- working with the other maintenance enforcement program to collect payments.
Different forms may be required to obtain or vary a child support order when the other parent lives outside the province. The forms and guides below will help you determine what forms you will need.
If you have an existing court order and are looking to change the child support amount, your court order may be changed by going to court, or by applying to the Child Support Recalculation Service for an administrative recalculation. You can contact the Child Support Recalculation Service at (306)787-5042 or toll free in Saskatchewan at 1-833-825-1445. The Child Support Recalculation Service will contact the person outside of the province to obtain consent to the Recalculation Service being used. If both parties do not consent, you must apply to the court to change the support order or agreement.
To bring an application through the ISO Unit, you may wish to retain a lawyer or you can complete the application yourself. You, or your lawyer, do not need to be in court in the other jurisdiction. Your completed application package will give the court the evidence it needs to make a ruling.
Forms
There are different types of interjurisdictional support applications, and several forms may need to be completed depending on your situation. It is suggested that you begin by reviewing the Form Support Guide.
For help determining your options, the forms you'll need, or information on how to proceed, contact the Family Law Information Centre:
Phone: 306-787-5837
Toll-free (Saskatchewan only): 1-888-218-2822
Email: familylaw@gov.sk.ca
Once you have completed your form(s), you must submit your sworn original(s) and three photocopies of the sworn original(s) to:
Family Justice Services
ISO Unit
Room 100, 3085 Albert Street
Regina, SK S4S 0B1
Phone: 306-787-8961
Toll-free (Saskatchewan only): 1-866-229-9712
Email: iso.inquiry@gov.sk.ca
Information You Need to Know About Using These Forms
These forms can either be completed electronically and then printed out, OR printed out and then completed by hand.
Note: If you are completing your forms using a computer in a public place, to eliminate any possibility of your information remaining on that computer, you should reset the browser cache when you are done with the forms.
| Form A.1 - Support Application under the Interjurisdictional Support Orders Act | ||
| Form A.1 | Guide |
All support order applications under the ISO Act must include Form A.1. The respondent must reside in a reciprocating jurisdiction, outside Saskatchewan. Form A.1 is required for all applications where there is no support order or agreement in place. Form A.1 will need to be sworn or notarized. |
| Form A.2 - Support Variation Application the Interjurisdictional Support Orders Act | ||
| Form A.2 | Guide |
All support variation applications under the ISO Act must include Form A.2. Form A.2 is required for all applications where there is a change requested from a support order or written support agreement. This form is required where the existing court order was made pursuant to provincial legislation. Form A.2 will need to be sworn or notarized. |
| Form A.3 - Support Application under the Divorce Act | ||
| Form A.3 | Guide |
All support order applications under the Divorce Act must include Form A.3. The divorce proceedings must have been filed in Canada and the respondent must reside in Canada, but outside Saskatchewan. Form A.3 is required for applications where there is no support order in place. This form can be used where there is already a written support agreement. Form A.3 will need to be sworn or notarized. |
| Form A.4 - Support Variation Application under the Divorce Act | ||
| Form A.4 | Guide |
All support variation applications under the Divorce Act must include Form A.4. Form A.4 is required for all applications where there is a change requested from an existing support order. The parties must have obtained a divorce in Canada, the existing support order must have been made pursuant to the Divorce Act, and the respondent must reside in Canada. Form A.4 will need to be sworn or notarized. |
| Form B - Parentage | ||
| Form B | Guide |
Form B should only be used if you are making your application under provincial or territorial ISO legislation using Form A.1 If you think that the respondent may not agree that they are a parent of the child, you will complete this form. A separate Form B would be completed for each child who is the subject of a support application. |
| Form C - Child Support Claim | ||
| Form C | Guide |
Form C is required when you are making a request to establish child support or you are already a support recipient and you are seeking to change the support amount. Form C identifies whether you are seeking support according to the Child Support Guidelines, an amount different than the Child Support Guidelines amount. |
| Form D - Request for the Support Order (if respondent does not provide financial information) | ||
| Form D | Guide |
One or both parties financial information is required for the proper amount of support to be determined. Form D allows you to provide some information about the respondents income, so that if the respondent fails to provide financial information or does not provide enough financial information, the court or authority in the respondents jurisdiction may have enough information to make a support or variation order. |
| Form E - Request for Child Support Different than Child Support Table Amount | ||
| Form E | Guide |
If you are the support recipient and are asking for an amount of support that would be different than that set out in the Child Support Guidelines Tables, order you must use Form E. If you are the support payor, you must use Form G if you are requesting to pay support in a different amount than the Child Support Guidelines Table Amount. |
| Form F - Special or Extraordinary Expense Claim | ||
| Form F | Guide |
A separate Form F is required for each child for whom special or extraordinary expenses are requested. You must attach receipts or other documentation as evidence to prove each expense. |
| Form G - Request to Pay Child Support Different than Child Support Table Amount | ||
| Form G | Guide |
If you are the support payor and are asking to pay an amount of support that would be different than that set out in the Child Support Guidelines Tables, order you must use Form G. If you the support recipient and you are requesting support in an amount differing from the Child Support Guideline Tables, you will use Form E. |
| Form H - Support for Claimant/Applicant | ||
| Form H | Guide | Form H is to be used if you are seeking spousal support for yourself. |
| Form I - Financial Information | ||
| Form I | Guide | Form I is required in all cases where your income information is required to determine the appropriate amount of child support. This will be required in all applications if you are the support payor, or in some situations where you are the support recipient. |
| Form J - Child Status and Financial Statement | ||
| Form J | Guide |
Form J is required when the request for child support is for a child who is over the age of majority. A separate form is required for each child. |
| Form K - Evidence to Support a Variation of a Support Order | ||
| Form K | Guide | Form K must be used if you are seeking to vary an existing support order (whether an increase or decrease in support is requested), reduce or cancel arrears or to terminate support. |
| Form L - Respondent's Response to Application | ||
| Form L | Guide |
Form L is not part of the Support Application or Support Variation Application completed by a claimant or applicant. Form L is usually provided to the respondent together with the application. This form must be sworn or notarized. |
| Affidavit | ||
| Affidavit |
This form can be used by applicants or respondents for the purpose of providing further information or documents. This form must be sworn or notarized. |
|
| Additional Locate Information Form | ||
| Additional Locate Information Form | This form must be used by applicants for the purpose of providing the receiving jurisdiction with more information to assist in locating the respondent. This form must be sent with a Support Application, a Support Variation Application. It may be sent again at a later time if it is established that updated information regarding the location of the respondent is required. | |
What happens next?
The other parent will receive formal notice that you have made an application to the court. They will get a copy of your application.
If you do not wish for the opposing party to have access to your address, it is recommended that you provide an alternate address in your forms where you agree that correspondence and documents can be sent to you.
A court date is set in the reciprocating jurisdiction (province or territory where the respondent resides), and the other party may file documents to oppose the order you are requesting.
On the court date, a judge will look at the package of documents you sent, along with any documents the other parent filed. The judge can then make an order.
Note: Sometimes the judge will want more information from you before making an order. If more information is necessary, the court will make a 'Request for Further Information' outlining what is required.
The court will look at the information given and may:
- grant the order you are seeking;
- not grant the order you are seeking (and give reasons on the ruling); or
- make a different order on such terms that the court sees fit.
If you do not agree with the order, or think that the court did not have all the facts, you can make another application or appeal the order in the jurisdiction where it was made. Requests to appeal a decision must be made within a specified number of days.