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Varying a Child Support Order

Court of King's Bench | Saskatchewan

Courts of Saskatchewan

Varying a Child Support Order

Court of King’s Bench

Child support is a payment that is made to the parent who has custody of the child by the non-custodial parent. A judge may vary a support order if the needs or circumstances of the child or one of the parents’ changes. Some examples of a change of circumstances include a parent losing his or her job or an increase in the income of the non-custodial (paying) parent. A person may not request a variation of support on the basis that he or she is not receiving access to the child.

There is material available at the Local Registrars’ Offices of the Court of King’s Bench to assist persons seeking to vary the child support that they are paying or receiving. This material is of assistance if the spouse (or former spouse) lives in Saskatchewan. If this person lives outside of Saskatchewan, different procedures apply. Information can be obtained through the Ministry of Justice for applications where the parents live in different provinces.

Anyone considering making an application to vary a child support order should consider seeing a lawyer or an accountant for advice about the Child Support Guidelines and the tax implications of the application to vary. A lawyer can help individuals decide if the changes in their circumstances are enough to justify a change in the amount of support paid. It’s important to consider the cost of the application and the chances of success.

Child Support Recalculation Service

The Saskatchewan Child Support Recalculation Service within the Family Justice Services Branch of the Ministry of Justice administratively recalculates child support payments if there is an existing court order or agreement that is older than six months and that meets certain eligibility criteria. There is no cost and the parties are not required to go through the court process.

The recalculation is based only on information reported on the most recent income tax returns and current income of a support payor. Retroactive payments and section 7 (extra-ordinary expenses) cannot be recalculated. The use of the service does not prohibit an application to the court to vary a support order based on a change of circumstances.

More information on how to apply, including whether a child support order or agreement is eligible for recalculation, can be found on the Child Support Recalculation Service web page.

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