The Child Support Service Act

The Child Support Service Act, C.C.S.M. c. C96 (Assented to June 3, 2019) bilingual version (HTML) Table of Contents Section 1 Definitions 2 Child support service continued ADMINISTRATIVE CALCULATION OF CHILD SUPPORT 3 Administrative calculation of child support 4 Application to court for order RECALCULATION OF CHILD SUPPORT 5 Recalculation of child support 6 Court may prohibit recalculation 7 Right to object to recalculation 8 Appointing child support service 9 Obtaining financial information to recalculate GENERAL PROVISIONS 10 Disclosure of information 10.1 Protection from liability 10.2 Not compellable in civil proceeding 11 Regulations 12 Consequential amendments 13 C.C.S.M. reference 14 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: DEFINITIONS Definitions 1 The following definitions apply in this Act. "child support guidelines" means (a) the child support guidelines established by regulation under The Family Law Act or The Family Maintenance Act (now repealed); or (b) the Federal Child Support Guidelines under the Divorce Act (Canada); whichever guidelines apply. (« lignes directrices sur les pensions alimentaires pour enfants ») "child support order" has the same meaning as in The Family Law Act , and includes any other class of order respecting the payment of child support that is specified in the regulations. (« ordonnance alimentaire au profit d'un enfant ») "child support service" means the child support service continued by section 2. (« service des aliments pour enfants ») "court" means the Court of King's Bench or the Provincial Court. (« tribunal ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») "parent" means a parent under Part 2 of The Family Law Act or an adoptive parent. (« parent ») "payor" means a person who is obligated to pay support for a child under (a) a child support order; (b) a decision of the child support service; (c) a child support agreement that contains a provision requiring or permitting child support to be recalculated; or (d) a family arbitration award under The Arbitration Act that includes child support; and includes a person against whom such an order, decision or award is sought. (« payeur ») "recipient" means a person who has a right to receive, or is seeking a right to receive, support for a child under (a) a child support order; (b) a decision of the child support service; (c) a child support agreement that contains a provision requiring or permitting child support to be recalculated; or (d) a family arbitration award under The Arbitration Act that includes child support. (« bénéficiaire ») S.M. 2019, c. 8, Sch. C, s. 21 ; S.M. 2021, c. 63, s. 14 ; S.M. 2022, c. 15, Sch. A, s. 107 . CHILD SUPPORT SERVICE Child support service continued 2(1) The child support service established under The Family Maintenance Act (now repealed) is continued. Responsibilities 2(2) The child support service may (a) calculate child support in accordance with this Act and the child support guidelines; (b) recalculate child support in accordance with this Act and the child support guidelines, on the basis of updated income information; and (c) perform additional duties as required by the minister or under the child support guidelines. S.M. 2022, c. 15, Sch. A, s. 107 . ADMINISTRATIVE CALCULATION OF CHILD SUPPORT Application for administrative calculation 3(1) In accordance with the regulations, a parent or any person on behalf of a child may apply to the child support service for a calculation of an amount to be paid for the support of the child if the requirements in subsection (2) are met. Requirements 3(2) The requirements are as follows: 1. If the applicant is a parent, the parents of the child must live separate and apart and the child's living arrangements must have been agreed to by the parents, whether by consent or acquiescence or provided for in a custody order. 2. No order or family arbitration award can have been made providing for the support of the child. 3. No child support agreement that is eligible for recalculation is in effect. 4. Any other eligibility requirement specified by the regulations. Child support guidelines apply 3(3) Amounts calculated by the child support service must be determined in accordance with the child support guidelines as if the amounts were being calculated for the purposes of a child support order made by a court. No calculation in some circumstances 3(4) The child support service may not calculate an amount to be paid for child support (a) if it is unable to determine that the applicant has the right to receive support for the child; (b) if it is unable to determine that the payor has an obligation to provide for the child's support; (c) if it has not been provided with the information required by the regulations; or (d) in any other circumstance provided for in the regulations. Periodic payments 3(5) Amounts calculated under this section are payable on a monthly basis or on another periodic basis that the regulations may specify. Notice of decision 3(6) The child support service must give a copy of its decision to the payor, the recipient and the director under The Family Support Enforcement Act , in accordance with the regulations. Decision registered in court 3(7) The child support service must register its decision in the court. Effect of decision 3(8) A decision of the child support service setting out a calculated amount of child support has the same effect as a child support order, including for the purposes of enforcement under The Family Support Enforcement Act . Corrections 3(9) Subject to the regulations, the child support service may correct an error made in a decision and issue a corrected decision. The corrected decision must be registered in the court and notice of it must be given in accordance with subsection (6). S.M. 2019, c. 8, Sch. C, s. 21 ; S.M. 2022, c. 15, Sch. A, s. 107 ; S.M. 2022, c. 15, Sch. B, s. 90 . Application to court for child support order 4(1) A payor or a recipient who does not agree with a decision under section 3 as to the child support payable may apply to the court for (a) a child support order under The Family Law Act ; (b) a child support order under the Divorce Act (Canada), if applicable; or (c) an order to set aside the decision of the child support service. Application given to child support service 4(2) Within 30 days after the application is made, the applicant must give a copy of it to the child support service. Court application does not suspend decision 4(3) An application for an order under this section does not suspend the decision of the child support service, unless the court orders otherwise. S.M. 2022, c. 15, Sch. A, s. 107 . RECALCULATION OF CHILD SUPPORT Recalculation of child support 5(1) Subject to the regulations, the child support service may recalculate child support payable under (a) a child support order; (b) a decision of the child support service; (c) a child support agreement that contains a provision requiring or permitting child support to be recalculated; or (d) a family arbitration award under The Arbitration Act that includes child support; and make a decision setting out the recalculated amount payable. Conditions 5(2) The child support service may recalculate child support only if the following conditions are met: (a) the child support was originally determined in accordance with the child support guidelines; (b) eligibility criteria for recalculation set out in the regulations are met; (c) recalculation of the child support is not prohibited by court order. Basis of recalculation — updated income information 5(3) The child support service may recalculate child support only (a) on the basis of updated income information; and (b) in accordance with this Act and the child support guidelines. If information not provided 5(4) If the child support service does not receive financial information requested in relation to a recalculation, as required by subsection 9(4), (a) the party who has failed to provide the information is deemed to have disclosed updated income information, determined in accordance with the regulations; and (b) the child support service may recalculate the child support on the basis of that deemed income. Ceasing recalculation for adult children 5(5) The child support service may cease to recalculate support for an adult child, and then recalculate support for any remaining children, in any of the following circumstances: (a) if the child support service has been notified that the director under The Family Support Enforcement Act has ceased to enforce support for one or more children under section 31 of that Act; (b) if the recipient consents in writing to the cessation of recalculation and the child support service is satisfied that the consent was given voluntarily; (c) if the recipient has not satisfied the child support service that support for the adult child is eligible for recalculation. Resuming recalculation for adult children 5(5.1) The child support service may resume recalculation of support for an adult child if the recipient satisfies the child support service that support for the adult child is eligible for recalculation. Period of time ineligible for recalculation 5(5.2) The child support service must not recalculate support for an adult child respecting the period of time between (a) the day when recalculation ceased under subsection (5); and (b) the day when recalculation resumed under subsection (5.1). Exception 5(5.3) Despite subsection (5.2), if the child support service has been notified that the director under The Family Support Enforcement Act has determined under subsection 31(5) of that Act that the adult child has resumed eligibility for enforcement, the child support service may recalculate as of the date determined by the director. Recalculation suspended if agreement under Family Support Enforcement Act 5(6) If the child support service receives a copy of an agreement under subsection 15(3) of The Family Support Enforcement Act , recalculation is suspended unless the prior child support order is varied or the child support service is notified that the agreement has been terminated. Notice of decision 5(7) After recalculating child support, the child support service must give a copy of its decision stating the recalculated amount to the payor, the recipient, any person to whom the child support order has been assigned, and to the director under The Family Support Enforcement Act . Decision registered in court 5(8) The child support service must register its decision in the court. Effect of decision 5(9) A decision of the child support service setting out a recalculated amount of child support has the same effect as a child support order, including for the purposes of enforcement under The Family Support Enforcement Act . Corrections 5(10) Subject to the regulations, the child support service may correct an error made in a decision and issue a corrected decision. The corrected decision must be registered in the court and notice of it must be given in accordance with subsection (7). S.M. 2019, c. 8, Sch. C, s. 21 ; S.M. 2022, c. 15, Sch. B, s. 90 . Court may prohibit recalculation 6 If a court determines that recalculation of child support by the child support service is inappropriate, the court may order that the amount of child support specified in the child support order is not to be recalculated by the child support service. Right to object to recalculation 7(1) A payor or a recipient who does not agree with the recalculated amount stated in a decision of the child support service under section 5 may apply for (a) an order under The Family Law Act or the Divorce Act (Canada) to vary, suspend or terminate the child support order; (b) an order under The Arbitration Act to vary, suspend or terminate the family arbitration award; or (c) an order referred to in clause 4(1)⁠(a), (b) or (c) if there is no child support order or family arbitration award that includes child support. Application within 30 days 7(2) An application under subsection (1) must be made within 30 days after the parties are given a copy of the decision of the child support service under subsection 5(7) or (10). Application provided to child support service, etc. 7(3) The applicant must, within the 30 days mentioned in subsection (2), give a copy of the application to the child support service and the director under The Family Support Enforcement Act . Recalculation suspended 7(4) When an application has been made under this section, the obligation to pay the recalculated amount stated in the decision of the child support service is suspended pending the determination of the application, and the child support order, decision, agreement or family arbitration award (in respect of which the recalculation was made) continues in effect during the suspension as if the recalculation had not been made. If application withdrawn or dismissed 7(5) When an application under this section has been withdrawn or is dismissed by the court, the payor becomes liable to pay the recalculated amount stated in the decision of the child support service as if the application had not been made. S.M. 2022, c. 15, Sch. A, s. 107 ; S.M. 2022, c. 15, Sch. B, s. 90 . OBTAINING FINANCIAL INFORMATION FOR CALCULATION OR RECALCULATION Appointing child support service 8 A person, including an assignee of a child support order, is deemed to have appointed the child support service to act on their behalf in requesting and receiving financial information necessary to calculate or recalculate child support under this Act. Child support service may request information 9(1) The child support service may, in writing, request a person (including a payor or recipient), the government or another entity to provide, in writing, any information in their possession or control about a payor or a recipient respecting (a) the address or whereabouts of the payor or recipient; (b) the name and address of the employer of the payor or recipient; and (c) the financial information required from the payor or recipient under this Act or the child support guidelines. Access to database information 9(2) If information referred to in subsection (1) is in a database or other collection of information maintained by a government department or government agency, the child support service may enter into an arrangement with that department or agency giving the child support service access to the database or collection to the extent necessary to obtain the information. Security safeguards re database 9(3) An arrangement for access must include reasonable security safeguards to protect the information against risks such as unauthorized access, use, disclosure and destruction. Information to be provided 9(4) A person, the government or another entity to whom a request is made under this section must, despite any other law, comply with the request within 21 days after receiving it and without charging a fee. If information not provided 9(5) If the child support service does not receive the requested information within the required 21 days, it may calculate or recalculate child support in accordance with the regulations. GENERAL PROVISIONS Disclosure of information 10 The child support service may disclose the following information to the director under The Family Support Enforcement Act for the purposes of that Act: (a) the last known address or whereabouts of the payor or recipient; (b) the name and address of the last known employer of the payor or recipient; (c) financial information that has been provided under section 9. S.M. 2022, c. 15, Sch. B, s. 90 . Protection from liability 10.1 No action or proceeding may be brought against the child support service or any person acting under the authority of this Act for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act or the regulations. S.M. 2022, c. 15, Sch. A, s. 107 . Not compellable in civil proceeding 10.2 No person acting under the authority of this Act is compellable as a witness in a civil action or other proceeding to which they are not a party respecting any document or information obtained, received or made under this Act or the regulations, and may not be compelled to produce such documents or information. S.M. 2022, c. 15, Sch. A, s. 107 ; S.M. 2026, c. 37, s. 11 . Regulations 11 The Lieutenant Governor in Council may make regulations (a) respecting the child support service generally; (b) governing calculations and recalculations of child support by the child support service; (c) for the purpose of the definition "child support order" in section 1, specifying additional classes of orders respecting the payment of child support; (d) establishing requirements or criteria for determining whether child support is eligible for calculation or recalculation by the child support service; (e) respecting the information that payors and recipients are required to provide to the child support service; (f) respecting the determination of a payor's income for the purpose of calculating or recalculating child support by the child support service; (g) respecting the correction of errors in decisions made by the child support service; (h) respecting the enforceability of a calculation or recalculation decision of the child support service; (i) respecting notices that must be provided to or by the child support service; (j) respecting the collection, use and disclosure of personal information by the child support service, including purposes for which information may be used or disclosed by the service; (k) establishing requirements for the determination of child support amounts in accordance with a defined formula; (l) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. 12 NOTE: This section contained consequential amendments to The Family Maintenance Act that are now included in that Act. C.C.S.M. reference 13 This Act may be referred to as chapter C96 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 14 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2019, c. 8, Schedule B came into force by proclamation on July 1, 2020.