Child Support Recalculation Service Regulations

Regulation

Registration: R-066-2022
Source: Unofficial consolidation PDF (justice.gov.nt.ca)
Under: Children's Law Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

s.22 amended by Justice Administration Statutes Amendment Act

Cites

Cited by

None.

Contents

1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 16. 16 17. 17 18. 18 19. 19 20. 20 21. 21 22. 22

The Commissioner, on the recommendation of the Minister, under paragraph 84(c.1) of the Children’s Law Act and every enabling power, makes the Child Support Recalculation Service Regulations.

Interpretation

In these regulations,

"anniversary date" means

(a) in respect of a child support order or child support agreement that was made during the eight-month period before registration of the order or agreement with the Recalculation Service, the anniversary in each year of the date on which the order or agreement was made, or

(b) in respect of a child support order or child support agreement that was made before the period referred to in paragraph (a),

(i) the 120th day after registration of the order or agreement with the Recalculation Service, and

(ii) the anniversary in each year of the date referred to in subparagraph (b)(i); (date d’anniversaire)

"applicable table" means

(a) the applicable federal child support table set out in Schedule I of the Federal Child Support Guidelines, or

(b) the applicable federal child support table set out in Schedule I of the Federal Child Support Guidelines as adopted by section 3 of the Child Support Guidelines; (table applicable)

"Maintenance Enforcement Administrator" means the Maintenance Enforcement Administrator appointed under subsection 3(1) of the Maintenance Orders Enforcement Act; (administrateur de l’exécution des ordonnances alimentaires) "notice of assessment or reassessment" means a notice of assessment or reassessment issued by the Canada Revenue Agency. (avis de cotisation et de nouvelle cotisation)

Eligibility

(1) The following classes of child support orders are not eligible for recalculation:

(a) interim-interim orders;

(b) orders indicating that the amount of support for a child payable was determined by taking into consideration the prevention of undue hardship of a party or child under section 10 of the Federal Child Support Guidelines or section 12 of the Child Support Guidelines;

(d) orders where one or more children to whom the order relates have attained the age of majority;

(e) orders where either party is not habitually resident in the Northwest Territories;

(f) orders where a person stands in place of a parent and is obliged to pay support for a child, unless the amount of support payable was determined using the applicable table;

(g) orders where a party’s annual income was determined or imputed under any of sections 17 to 19 of the Federal Child Support Guidelines or sections 17 to 19 of the Child Support Guidelines;

(h) orders where a party’s annual income is over $150,000 and the amount of support for a child payable was determined under paragraph 4(b) of the Federal Child Support Guidelines or paragraph 6(b) of the Child Support Guidelines;

(i) orders that include a statement indicating that the amount of support for a child payable under the order must not be recalculated by the Recalculation Service;

(j) orders that do not contain an amount of support for a child that was determined using the applicable table.

(2) Subsection (1) applies, with any necessary modifications, to child support agreements.

(3) A child support agreement is not eligible for recalculation unless the agreement is enforceable under the laws of the Northwest Territories.

(4) Expenses referred to in subsection 7(1) of the Federal Child Support Guidelines or subsection 9(1) of the Child Support Guidelines are not eligible for recalculation.

Application for Registration

(1) A party may apply to the Recalculation Service to register a child support order or child support agreement for annual review and recalculation of the amount of support for a child payable under the order or agreement by submitting to the Service a completed application in a form approved by the Service.

(2) An application under subsection (1) must include

(a) the applicant’s full name, date of birth, social insurance number, mailing address, telephone numbers and residential address;

(b) any email address for the applicant;

(d) the other party’s date of birth and social insurance number, if known to the applicant;

(e) either the other party’s mailing address or residential address, and any other contact information for the other party known to the applicant, including

(i) the other party’s mailing address or residential address, if not already included, and their telephone numbers, and

(ii) any email address for them;

(f) a copy of the applicable child support order or child support agreement;

(g) the full name and date of birth of each child to whom the order or agreement relates; and

(h) if the order or agreement is filed with the Maintenance Enforcement Administrator under the Maintenance Orders Enforcement Act, the Administrator’s file number for the order or agreement.

(3) An application under subsection (1) must be submitted to the Recalculation Service

(a) in person;

(b) by email to an email address approved by the Recalculation Service; or

(4) If, on review of an application received under subsection (1), an officer determines that the application is not complete, the officer shall request that the applicant provide to the officer the information required to complete the application.

(5) After an application under subsection (1) is received by the Recalculation Service, an officer may request additional information from the applicant for the purpose of determining if the child support order or child support agreement is eligible for recalculation under section 2.

(6) A request for information made by an officer under subsection (4) or (5) or a request for income information made by an officer under subsection 69.2(3) of the Act must be made in writing.

(7) If an applicant receives a request from an officer for information under subsection (4) or (5) or for income information under subsection 69.2(3) of the Act, the applicant shall provide that information to the officer no later than 30 days after the date the request is received by the applicant.

(8) If an applicant submits an application in respect of a child support order or child support agreement that is not eligible for recalculation under section 2, the Recalculation Service shall return the application to the applicant with a statement

(a) indicating that the application has been denied because the order or agreement is not eligible for recalculation; and

(b) identifying the specific provision of section 2 under which the order or agreement is not eligible.

Accepted Application

(1) A notice of a complete application or of a registration given by an officer under subsection 69.3(1) of the Act must

(a) be given in writing no later than five business days after the date the order or agreement is registered;

(b) include a statement indicating that the order or agreement is eligible for recalculation and has been accepted for registration;

(c) include a statement indicating that subject to the Act and these regulations, the amount of support for a child payable under the order or agreement will be reviewed annually for the purpose of determining if a recalculation is necessary;

(d) include the anniversary date, and a statement indicating that the annual review and any necessary recalculation will be performed at least 45 days before the anniversary date; and

(e) provide information about the parties’ ability to waive recalculation in a given year under subsection 5(2).

(2) If an application under subsection 3(1) does not include any information referred to in paragraph 3(2)(d) or (e) respecting the other party, an officer may, in accordance with subsection (4), request that the other party provide that information to the officer.

(3) If the other party receives a request from an officer for information under subsection (2) or for income information under paragraph 69.3(1)(c) of the Act, the other party shall provide that information to the officer no later than 30 days after the date the request is received by the other party.

(4) A request for information respecting the other party made by an officer under subsection (2) must

(a) be made in writing at the time a notice referred to in subsection (1) is given to the other party; and

(b) include a statement reminding the other party to provide the information to the officer no later than 30 days after the date the request is received by the other party.

(5) A request for the other party’s income information made by an officer under paragraph 69.3(1)(c) of the Act must

(a) be made in writing no later than five business days after the date the order or agreement is registered; and

(b) include a statement reminding the other party

(i) to provide the information to the officer no later than 30 days after the date the request is received by the other party, and

(ii) that if the other party fails to provide the information to the officer no later than 30 days after the date the request is received by the other party, the Recalculation Service may deem the annual income of the other party in accordance with section 13.

Annual Review

(1) An annual review by an officer of the amount of support for a child payable under a child support order or child support agreement and any necessary recalculation must be performed at least 45 days before the anniversary date.

(2) The Recalculation Service shall not perform a recalculation in a given year if

(a) the parties, at least 70 days before the anniversary date, provide written notice to the Recalculation Service of their intention to waive recalculation for that year; and

(b) an officer is satisfied that each party has voluntarily agreed to the waiver.

Recalculation

(1) An officer shall perform a recalculation

(a) on the basis of

(i) current income information provided by a party or parties, or

(ii) the annual income of a party or parties deemed in accordance with section 13; and

(b) in accordance with the Federal Child Support Guidelines or the Child Support Guidelines, as applicable.

(2) Subject to section 69.7 of the Act and section 13 of these regulations, for the purposes of performing a recalculation, a party’s annual income is the party’s annual total income for the most recent taxation year, as indicated in line 15000 of the personal income tax return filed by the party for that taxation year, or of the most recent notice of assessment or reassessment issued to the party for that taxation year, adjusted in accordance with section 3 of Schedule III of the Federal Child Support Guidelines, or subsection 3(1) of Schedule C of the Child Support Guidelines, if applicable.

(3) Notwithstanding subparagraph (1)(a)(i) and subsection (2), if an officer is satisfied that a party is unable to provide their income information for the most recent taxation year, the officer may perform a recalculation on the basis of the following income information, if provided by the party in accordance with the Act and these regulations:

(a) the personal income tax return filed by the party for the second most recent taxation year;

(b) the most recent notice of assessment or reassessment issued to the party for the second most recent taxation year.

(4) An officer shall not recalculate the amount of support for a child payable under a child support order or child support agreement if it is necessary to adjust a party’s annual income in accordance with any provision of Schedule III of the Federal Child Support Guidelines other than section 3 of that Schedule, or any provision of Schedule C of the Child Support Guidelines other than subsection 3(1) of that Schedule.

(5) An officer shall not recalculate the amount of support for a child payable under a child support order or child support agreement if the officer has reason to believe that the other party did not receive notice that the order or agreement has been registered with the Recalculation Service.

(6) If an officer does not recalculate the amount of support for a child payable under subsection (4) or section 69.5 of the Act, the officer shall, as soon as is reasonably possible, give written notice to each party, including in that notice the reason for not performing the recalculation.

(7) If an officer does not recalculate the amount of support for a child payable under subsection (5), the officer shall, as soon as is reasonably possible, give written notice to the applicant, including in that notice the reason for not performing the recalculation.

(8) Amounts recalculated by the Recalculation Service are payable on a prospective basis only, and no consideration is to be given to any amount of arrears of support for a child that may be owing to any party at the time of the recalculation.

(9) For greater certainty, subsection (8) does not

(a) limit the authority of a court to determine an amount of arrears of support for a child owing or to make an order respecting that amount; or

(b) affect any obligation to pay arrears under a child support order or child support agreement or the accruing of any arrears under a child support order or child support agreement, including where the amount of support for a child payable under the order or agreement has been recalculated.

(10) If an officer determines on a recalculation that the amount of support for a child payable should change by an amount less than $10 per month, the recalculated amount is deemed to be equal to the amount of support for a child payable immediately before the recalculation.

Recalculation Decision

(1) A recalculation decision must include

(a) the recalculated amount, specifying the amount of support for a child payable that was determined using the applicable table;

(b) the effective date of the recalculated amount and the date on which the first payment of the recalculated amount is due;

(d) the annual income of any party used to determine the recalculated amount and the method by which that income was determined;

(e) a statement indicating that if a party believes that the recalculation decision contains an error of a type described in subsection 69.8(4) of the Act, such as a clerical or typographical error, the party may notify an officer in accordance with subsection 14(1) of these regulations;

(f) a statement indicating that a party who does not agree with the recalculation decision is entitled to object by making a court application in accordance with section 69.9 of the Act and section 15 of these regulations; and

(g) a statement indicating that if no party objects to the recalculation decision within the time limit set out in subsection 15(1) of these regulations, a copy of the decision will be filed

(i) with the Maintenance Enforcement Administrator, if the child support order or child support agreement is filed with the Administrator under the Maintenance Orders Enforcement Act, and

(ii) if the recalculation is in respect of a child support order, with the court that made the order.

(2) A recalculation decision must be issued and delivered to each party as soon as is reasonably possible after the recalculation is performed.

(3) A corrected recalculation decision must be delivered to each party as soon as is reasonably possible after the correction is made.

(4) A recalculation decision or corrected recalculation decision is not invalid because an officer fails to perform a review and recalculation within the time limit set out in subsection 5(1), or to issue or deliver the recalculation decision or corrected recalculation decision within the time required under subsection (2) or (3).

(5) If no party objects to a recalculation decision within the time limit set out in subsection 15(1), the Recalculation Service shall file a copy of the decision

(a) with the Maintenance Enforcement Administrator, if the child support order or child support agreement is filed with the Administrator under the Maintenance Orders Enforcement Act; and

(b) if the recalculation is in respect of a child support order, with the court that made the order.

When Recalculated Amount Becomes Due

(1) The effective date of a recalculated amount is 31 days after the day when both parties have received or are deemed to have received a recalculation decision under subsection 19(1).

(2) The first payment of a recalculated amount is due on the first instance of the due date specified in the child support order or child support agreement that follows the effective date.

Updating of Information

(1) In this section,

"information due date" means the date in each year that is 70 days before the anniversary date; (date limite de production des renseignements)

"recalculation deadline" means the date in each year that is 45 days before the anniversary date. (date d’échéance du recalcul)

(2) Subject to subsection (3), a party whose income information is necessary for the purpose of recalculating the amount of support for a child payable under a child support order or child support agreement shall provide the following updated income information to the Recalculation Service at least 70 days before the anniversary date:

(a) a copy of the personal income tax return filed by the party for the most recent taxation year;

(b) a copy of every notice of assessment and reassessment issued to the party for the most recent taxation year.

(3) If an officer is satisfied that a party referred to in subsection (2) is unable to provide their income information for the most recent taxation year, the party may meet the requirements of that subsection by providing their income information for the second most recent taxation year.

(4) If, after the information due date and before the recalculation deadline, a party referred to in subsection (2) files a personal income tax return or is issued a notice of assessment or reassessment, the party shall, without delay, provide a copy of the filed tax return, notice of assessment or reassessment, or each of them, to the Recalculation Service.

(5) A party shall inform an officer in writing of a change to any of the following contact information no later than 30 days after the date of the change:

(a) the party’s mailing address, residential address or telephone numbers;

(b) any email address for the party.

(6) Subject to subsections (7) and (8), an officer shall, at least 115 days before the anniversary date, give a written reminder

(a) to each party whose income information is necessary for the purpose of recalculating the amount of support for a child payable under the child support order or child support agreement, reminding the party

(i) to provide updated income information to the Recalculation Service at least 70 days before the anniversary date, and

(ii) that if the party fails to provide the information to the Recalculation Service at least 70 days before the anniversary date, the Service may deem the annual income of the party in accordance with section 13; and

(b) to each party, reminding them to inform an officer in writing of a change to any of the contact information referred to in subsection (5) no later than 30 days after the date of the change.

(7) An officer is not required to give a reminder to a party under paragraph (6)(a) or (b) if the officer is satisfied that the party has provided updated income information or current contact information, as applicable, to the Recalculation Service in accordance with the Act and these regulations.

(8) An officer is not required to give a reminder to a party under paragraph (6)(a) or (b) in respect of a first recalculation.

Request for Updated Information

10.

(1) An officer may, in writing and at any time, request updated income information in accordance with subsection (3) from a party whose income information is necessary for the purpose of recalculating the amount of support for a child payable under a child support order or child support agreement.

(2) If a party receives a request from an officer for updated income information under subsection (1), the party shall provide the requested information to the officer no later than 30 days after the date the request is received by the party.

(3) A request for a party’s updated income information under subsection (1) must include a statement reminding the party

(a) to provide the information to the officer no later than 30 days after the date the request is received by the party; and

(b) that if the party fails to provide the information to the officer no later than 30 days after the date the request is received by the party, the Recalculation Service may deem the annual income of the party in accordance with section 13.

11.

(1) An officer may request contact information from a party at any time.

(2) If a party receives a request from an officer for contact information under subsection (1), the party shall provide the requested information to the officer no later than 30 days after the date the request is received by the party.

Disclosure of Income Information

12.

(1) At the request of a party, an officer may provide to the party copies of income information received by the Recalculation Service from the other party.

(2) At the direction of the court, an officer shall provide to the court copies of income information received by the Recalculation Service from a party.

(3) When providing income information under subsection (1) or (2), the officer may remove any contact or other identifying information from any document.

Deemed Annual Income

13.

The Recalculation Service shall deem the annual income of a party referred to in subsection 69.7(1) of the Act to be the party’s annual income used to determine the current amount of support for a child payable plus

(a) 10% of that income, if less than two years has elapsed since that income was determined;

(b) 15% of that income, if two years or more but less than five years has elapsed since that income was determined;

(d) 30% of that income, if 10 years or more has elapsed since that income was determined.

Corrections to Recalculation Decisions

14.

(1) If a party believes that a recalculation decision contains an error of a type described in subsection 69.8(4) of the Act, the party may notify an officer in writing no later than 30 days after the date the recalculation decision was received by the party.

(2) On correcting a recalculation decision, the Recalculation Service shall, in writing,

(a) identify each correction to the recalculation decision;

(b) identify the recalculated amount of support for a child; and

(3) The details of any correction under subsection (2) must be delivered to the parties with the corrected recalculation decision.

Objections

15.

(1) A party may object to a recalculation decision by filing an application referred to in subsection 69.9(2) of the Act with the court no later than 30 days after the date the recalculation decision was received by the party.

(2) For greater certainty, an application referred to in subsection (1) must be made in accordance with the Rules of the Supreme Court or the Northwest Territories Divorce Rules, as applicable.

(3) An application referred to in subsection (1) must include

(a) a statement indicating that the party does not agree with the recalculation decision and the reasons for the objection;

(b) a copy of the applicable child support order or child support agreement; and

(4) A party who makes an application referred to in subsection (1) shall, within three business days after filing the application with the court, give notice of the application to the Recalculation Service in accordance with subsection (5).

(5) A notice referred to in subsection (4) or 16(1) must be given in writing and must include

(a) a copy of any document filed with the court to commence the application; and

(b) if a date has been set for the court to hear the application, the date, time and place of the hearing.

Other Court Applications

16.

(1) If a party makes an application to the court, other than in objection to a recalculation decision, respecting the amount of child support payable under a child support order or child support agreement that is registered with the Recalculation Service, the party shall, within three business days after filing the application with the court, give notice of the application to the Service in accordance with subsection 15(5).

(2) On the determination of a court application referred to in subsection (1), the party who applied to the Recalculation Service to register the order or agreement shall

(a) give written notice of the determination to the Recalculation Service; and

(b) provide the Recalculation Service with any child support order that the court has made on the determination.

(3) If the court makes a child support order on the determination of a court application referred to in subsection (1), the Recalculation Service may, on the request of a party, register the order in place of the order or agreement that it supercedes, if

(a) the court does not order otherwise; and

(b) the order is eligible for recalculation.

Amended Agreements

17.

(1) If a child support agreement that is registered with the Recalculation Service is subsequently amended by the parties, the party who applied to the Service to register the agreement shall provide the amended agreement to the Service.

(2) The Recalculation Service may, on the request of a party, register an amended agreement provided to the Service under subsection (1) in place of the child support agreement that it supercedes, if the amended agreement is eligible for recalculation.

Withdrawal

18.

(1) A child support order or child support agreement may be withdrawn from the Recalculation Service if

(a) the party who applied to the Recalculation Service to register the order or agreement submits a withdrawal request to the Service in a form approved by the Service;

(b) the other party submits a withdrawal request to the Recalculation Service in a form approved by the Service and the Service does not have current contact information for the party referred to in paragraph (a); or

(2) A withdrawal request under subsection (1) must be submitted to the Recalculation Service

(a) in person;

(b) by email to an email address approved by the Recalculation Service; or

(3) On receiving a withdrawal request submitted in accordance with this section, the Recalculation Service shall withdraw the order or agreement from the Service.

(4) The Recalculation Service may withdraw a child support order or child support agreement from the Service if the order or agreement

(a) is no longer eligible for recalculation; or

(b) is no longer valid.

(5) Subject to subsection (6), on withdrawing a child support order or child support agreement from the Recalculation Service, the Service shall give notice of the withdrawal in writing to the parties.

(6) The Recalculation Service is not required to give notice to a party under subsection (5) if the Service does not have current contact information for the party.

Notification by Recalculation Service

19.

(1) Any notice, information or recalculation decision that the Recalculation Service is required to give, provide or deliver to a party under the Act or these regulations must be

(a) personally served on the party;

(b) sent by email to any email address provided by the party, in which case it is deemed to be received on the day when it is emailed, unless there is evidence to the contrary; or

(c) sent by ordinary mail to the last known address of the party shown in the records of the Recalculation Service, in which case it is deemed to be received on the 14th day after the day when it is mailed, unless there is evidence to the contrary.

(2) Any request for information from a party that an officer may make under the Act or these regulations must be made

(a) in person;

(b) by email to any email address provided by the party, in which case the request is deemed to be received on the day when it is emailed, unless there is evidence to the contrary; or

(c) by ordinary mail to the last known address of the party shown in the records of the Recalculation Service, in which case the request is deemed to be received on the 14th day after the day when it is mailed, unless there is evidence to the contrary.

Notification to Recalculation Service

20.

Any notice or information that a party is required to give or provide to the Recalculation Service under the Act or these regulations must be

(a) personally served on the Recalculation Service;

(b) sent by email to an email address approved by the Recalculation Service; or

REPEAL

21.

The Child Support Recalculation Service Regulations, established by regulation numbered R-016-2020, are repealed.

COMMENCEMENT

22.

These regulations come into force on the coming into force of section 2 of the Justice Administration Statutes Amendment Act, SNWT 2019, c.21.