Child Support
Child support is money paid from one parent to the other parent when the parents do not live together. It is paid to help with the support of a child living with the other parent.
Both parents have an equal duty to provide financial support for their children, whether or not there is a court order to do so. This responsibility exists even where a court order or agreement does not allow or restricts contact with the child. A parent who remarries or enters into a new common-law relationship and starts a new family is still responsible for supporting their children of a previous marriage or relationship.
A parent is responsible for the financial support of their own children, by birth or adoption. A person must also support their spouse’s or partner’s children, if that person acted as a parent to the partner’s children before the separation. Anyone who stands in the place of a parent (in loco parentis) to a child is required to support the child. However, that requirement is secondary to the requirements of the biological parents.
How do I apply for child support?
The easiest way to request child support is to make an application to the Child Support Service. The service has the authority to make an initial child support calculation decision based on income information obtained from one or both parents, depending on the type of child support requested. The service can also recalculate an existing child support order, family arbitration award, or agreement by adjusting child support based on updated financial information. Decisions will be enforceable by the Maintenance Enforcement Program.
For an initial administrative calculation of child support, you need to complete an Application for Calculation and then submit it to the Child Support Service. There is no fee to file the application but you may have some out of pocket expenses once the application is accepted by the service.
For more information, visit the Child Support Applications section of this website.
You can also make a court application to request a child support order under The Family Law Act of Manitoba or the Divorce Act (Canada) if applicable. In most cases, the Manitoba Child Support Guidelines Regulation will apply to determine the amount of child support.
How long does the application process take?
From the date you submit your application to the Child Support Service, it can take between 45 – 90 days to receive a decision.
How much is child support?
The Child Support Service is required to follow the tables set out in Child Support Guidelines to determine how much child support should be paid. The tables are used to calculate the monthly payment (the basic table amount) that one parent will pay to the other based on:
- the income (before taxes) of the parent paying support; and
- the number of children that require child support
In some circumstances, additional amounts may be added to the basic table amount of support for certain special or extraordinary expenses. These expenses include:
- childcare
- health
- education; and
- extracurricular activities
Both parents’ incomes are considered as the parents share the special expenses proportionately between them based on their respective annual incomes above a certain minimum level.
For more information, visit the Child Support Guidelines section of this website.
What financial information will I need to provide?
The Child Support Service will request:
- copies of the last three years of filed income tax returns with the Notice of Assessment that were issued by the Canada Revenue Agency
- current pay or benefits statements; and
- the completion of a Financial Statement.
Where there was a termination of employment, lay-off or work related injury then a record of employment will be required along with confirmation of benefits, such as Employment Insurance (EI), Canada Emergency Response Benefit (CERB), Workers Compensation (WC) or Employment and Income Assistance (EIA) benefits.
The Canada Revenue Agency and Service Canada’s online service portals can be used to apply for copies of documents. For section 7(1) special or extraordinary expenses, copies of receipts, invoices and cancelled cheques will be requested to verify the expense amounts.
For more information, visit the Child Support Applications section of this website.
How do I change the amount of child support?
The Child Support Service can perform an administrative recalculation of support if it is:
- made by the court,
- a written agreement for child support that specifies that the amount of child support may be recalculated,
- a family arbitration award, or
- a calculation or recalculation decision made by the service, including a previously recalculated child support order.
You will need to complete an Application for Recalculation then submit it to the Child Support Service. There is no fee to file the application but you may have some out of pocket expenses once the application is accepted by the service.
You were automatically enrolled with the Child Support Service if you completed a Recalculation and Enforcement Authorization request form at the time a child support order was made by the court or a court order contains a recalculation authorization clause in it.
For more information, visit the Child Support Applications and Changing Child Support section of this website.
An alternative to the Child Support Service is completing a court application to request to change (vary) a child support order or a family arbitration award that includes child support. In most cases, a recalculation of the amount of child support may be made by the Child Support Service but in some cases it will be necessary to apply to the court for a variation order.
How long do parents pay child support?
In Manitoba, parents must support a child until the child is 18 years old. In many cases, support may be required past the age of 18 if the child is still dependent because of illness or disability, or if the child is still in school or completing their education at a university or other post-secondary institution on a full-time basis.
Child support does not automatically end when a child turns 18 or is no longer dependent, unless the support order, agreement or family arbitration award specifically says that it does.
The Child Support Service completes an Adult Child Support Eligibility Review whenever an application for calculation or recalculation is made. If a child support order does not specify when child support ends and you believe that child support is no longer required, you can make an application to the Child Support Service for an early recalculation. For more information, visit the Child Support Application section of this website.
Manitoba’s Maintenance Enforcement Program automatically conducts Child Support Enforcement Eligibility Reviews for children over the age of 18, twice per year. If the adult child is no longer dependent, the Maintenance Enforcement Program will stop enforcement of child support. If the child support is being enforced through the Maintenance Enforcement Program, and you believe they are no longer eligible for enforcement, you can also request a Child Support Enforcement Eligibility Review.
In limited circumstances, you may need to make an application to court to change (vary) the order.
What happens if a parent disagrees?
Child support calculation and recalculation decisions made by the Child Support Service are registered with the court and then sent to both parents and the Maintenance Enforcement Program. Each parent has the right to object to the decision by applying to the court and providing a copy of the application to the Child Support Service within 30 days. The court can be asked to set aside the decision of the service and/or make its own child support order or variation order.
An application filed with the court does not suspend a child support calculation decision, unless the court orders otherwise, but a court application does suspend a child support recalculation decision.
What are the consequences if a parent does not cooperate?
The Child Support Service may request information from an employer or other third parties to obtain payroll and other financial documents required to determine income of a parent. If the Child Support Service is unable to obtain any information about the parent’s income from the parent, the recipient parent of child support or other sources, the Child Support Service has several options which include:
- They may determine the annual income to be the amount that a parent would earn by working 40 hours per week for 52 weeks earning the minimum wage determined under The Employment Standards Act; or
- The Child Support Service may deem additional income to a parent by taking the annual income for the parent determined in the last court order of child support, initial child support decision or a Recalculated Child Support Decision of the CSS, and then adding additional income under a formula based on an increase of between 10% - 30%, depending on the amount of time that has elapsed since the parent's annual income was last determined by the court or by the Child Support Service; and
- Where the parent requests a special or extraordinary expense payment but does not provide sufficient financial information, the Officer may deem the annual expense to be zero.
What if a parent cannot pay the child support right now?
Contact the Maintenance Enforcement Program and apply for an administrative suspension of child support. For more information, visit the Enforcing Support section of this website.
Is parenting time affected if a parent does not pay child support?
No. Although it might seem like a fair exchange to you when you are angry or when you feel sympathetic toward your child, there is no legal connection between parenting time and whether or not child support is being paid.