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My ex has gone back to post secondary school. He used to make $50-60K. That was what child support was based on. He has applied for recalculation of that based on his current income while in school of only $12-15K. How does that work? Will they take into consideration his new wife’s income in this case? Or do they automatically change it based on his actual income?
06 months ago
Anne McVea - Reliance Legal Group LLP (Calgary) Verified Lawyer
I believe the Court would take a look at the opposing party's reasons for returning to school and whether those reasons were valid or perhaps an attempt to avoid child support. Parents have an obligation to support their child/children. If you go to CanLII.org ( a caselaw database) and look for this case: Ropchan v Moen, 2022 ABKB 811 , you can see the analysis that the Court undertakes.
16 months ago
Kalina Navratil (Calgary)
Would it actually have to go through the courts or would the recalculation program do this as well?
06 months ago
Anne McVea - Reliance Legal Group LLP (Calgary) Verified Lawyer
As far as I know , you would need to object in writing to any recalculation of child support (using the template form provided by Recalculation Program). I think that when one party objects , then Recalc Program sends both parties off. One party applies to Court to vary child support; the other party applies to Court to dismiss his application and/or to impute income to the opposing party. I don't know the internal policies of the Recalculation Program but I do know you need to object in writing if such a recalculation is made. Maybe phone them and ask.
06 months ago
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