Administrative Recalculation OfficeThe Administrative Recalculation Office recalculates child support where the original order/agreement provides for automatic recalculation of child support on an annual basis and where the discretion of the court is not required. This allows the parties to update child support in accordance with the parties' income without proceeding back through the courts. The office services all of Prince Edward Island.
When can a recalculation clause be included in an order or agreement?
A recalculation clause can be contained in an order or agreement if the discretion of the court is not required to recalculate the basic table amount of child support. For example, if the payor is not self-employed, the payor's income has not been imputed by the court, and the payor does not have shared custody of the child or children.
With a child support order or agreement in place, am I eligible for annual recalculation?
If you have a court order or a parental/separation agreement containing a clause providing for the annual review and recalculation of child support in accordance with the Child Support Guidelines, you may have the basic table amount of child support in your order or agreement reviewed and updated.
What if I do not have a recalculation clause in my order/agreement?
The recalculation officer does not have the authority to request financial information of the party on an annual basis or to review and recalculate the basic child support amount without an order or agreement containing the recalculation clause.
Is recalculation done automatically?
If the order or agreement contains the recalculation clause and has been filed by either party with the Administrative Recalculation Office, then recalculation will be done automatically.
How do I start the recalculation process?
Either party must file an application form and attach a copy of the order/agreement containing the recalculation clause with the Administrative Recalculation Office.
What if the other party does not file the required financial information with the Administrative Recalculation Office?
The payor's income shall be deemed to be ten percent (10%) higher than the payor's income for the most recent preceding year during which the Administrative Recalculation Office was provided with income information from the payor.
What do I do if I am the payor, did not provide the financial information during the required time period, and my income has been deemed to be ten percent higher?
If you have your Income Tax Return and Notice of Assessment for the previous year, you may file a notice of objection with the Administrative Recalculation Office, the other party, and the Supreme Court, attaching the financial information. The recalculation officer will make any necessary adjustments.
What if I do not agree with the recalculated amounts?
Either party may, within 30 days after both parties have been notified of the recalculated amount, file the notice of objection on the following grounds:
- If the payor did not file the Income Tax Return/Notice of Assessment within the prescribed time frame and the reported income is less than the amount deemed by the recalculation officer;
- If the payor did not file the Income Tax Return/Notice of Assessment within the prescribed time frame and the reported income is more than the amount deemed by the recalculation officer; or
- There has been a material change in circumstances since the most recent Income Tax Return/Notice of Assessment.
What if my circumstances change during the year prior to the annual recalculation date?
The parties will continue to have the option to apply through the courts for a variation of child support if there has been a material change of circumstances.
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