This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Administrative Recalculation of Child Support Regulations

made under Sections 54A and 55 of the

Parenting and Support Act

R.S.N.S. 1989, c. 160

O.I.C. 2014-439 (October 21, 2014, effective November 1, 2014), N.S. Reg. 161/2014

as amended to O.I.C. 2017-143 (April 27, 2017, effective May 26, 2017), N.S. Reg. 82/2017

Citation

1 These regulations may be cited as the Administrative Recalculation of Child Support

Regulations.

Definitions

2 In these regulations,

“Act” means the Parenting and Support Act ;

Definition of “Act” amended: O.I.C. 2017-143, N.S. Reg. 82/2017.

“applicable federal or provincial guidelines” means

(

i) for an order respecting support for a child made under the Act, or an

agreement that is registered with the court in accordance with the Act,

the Provincial Child Support Guidelines made under the Act, or

Definition of “applicable federal or provincial guidelines”, subclause (

i) replaced: O.I.C. 2017-143, N.S. Reg.

82/2017.

(ii) for an order respecting child support made under the Divorce Act

(Canada), the Federal Child Support Guidelines made under that Act;

Definition of “applicable federal or provincial guidelines”, subclause (ii) amended: O.I.C. 2017-143, N.S. Reg.

82/2017.

“child support” means financial support payable under a child support order;

“child support order” means an order respecting

(

i) support for a child made under the Act, and includes an agreement that is

registered with the court in accordance with the Act, or

(ii) child support made under the Divorce Act (Canada);

“child support service” means the provincial child support service continued under

Section 3;

“Director” means the Director of Court Services in the Department of Justice

assigned responsibility for the administrative recalculation of child support under

these regulations, unless otherwise specified;

“financial information” means any of the following for the most recent taxation year:

(

i) a copy of the payor’s personal income tax return, as filed, and a copy of

each notice of assessment and re-assessment issued to the payor,

(ii) if the payor has filed an income tax return but has not yet received a

notice of assessment or reassessment, a copy of the income tax return

and any document or documents acceptable to the recalculation clerk that

further set out the payor’s annual income from all sources,

(iii) if the annual recalculation takes place before the payor has filed an

income tax return, any document or documents acceptable to the

recalculation clerk that set out the payor’s annual income from all

sources;

“former regulations” means the Administrative Recalculation of Child Maintenance

Regulations , N.S. Reg. 66/2010;

“payor” means a person who is required under a child support order to pay child

support;

“recalculated amount” means the amount of child support payable under a

recalculated order;

“recalculated order” means an order made by a recalculation clerk under

Section 14;

“recalculation authorization order” means an order made by a court under

Section 7,

unless the context otherwise requires;

“recalculation clerk” means a recalculation clerk appointed under

Section 6;

“recipient” means a person entitled under a child support order to receive child

support on their behalf or on behalf of another person;

“review date” means, in relation to a recalculation authorization order, the day and

month in every year that is the anniversary of the issuance of the recalculation

authorization order;

“shared custody” means shared custody as described in

Section 9 of the applicable

federal or provincial guidelines;

“table amount” means the amount referred to in clause 3(1)(

a) of the applicable

federal or provincial guidelines to be paid as child support.

Child support service

3 The recalculation program established under the former regulations continues as a child

support service to conduct the administrative recalculation of child support under these

regulations.

References to applicable federal or provincial guidelines

4 A reference in these regulations to a provision of the applicable federal or provincial

guidelines is a reference to the provision with the same numbering or lettering,

notwithstanding that the reference uses the provincial legislative naming convention.

Recalculation authorization order issued under former regulations

(1) Subject to subsection (2), a recalculation authorization order issued under the former

regulations may be filed and enforced or otherwise dealt with under these

regulations.

(2) A recalculation authorization order issued under the former regulations that is not

filed with the Director on or before the date these regulations come into force is

deemed to expire 5 years after the date it was issued.

Recalculation clerk

(1) The Director may assign the duties of a recalculation clerk to an officer or employee

appointed under the Court Officials Act .

(2) A recalculation clerk must perform any duties and functions required by these

regulations, including all of the following:

(

a) reviewing and recalculating the table amount of child support orders at regular

intervals as authorized by a recalculation authorization order and in accordance

with the Act, these regulations and the applicable federal or provincial

guidelines;

(

b) collecting financial information and determining annual income in accordance

with the Act, these regulations and the applicable federal or provincial

guidelines.

Court may make recalculation authorization order

7 Except as limited by

Section 9, a court may order, either separately or as a part of another

order, that the table amount of a child support order be recalculated at regular intervals in

accordance with these regulations, whether or not the payor or recipient applies for a

recalculation authorization order in the originating process.

Application for recalculation authorization order

8 A payor or recipient may apply to a court for a recalculation authorization order in respect

of the table amount of a child support order on or after the date the child support order is

first made or registered with the court.

When court must not make recalculation authorization order

9 A court must not make a recalculation authorization order in any of the following

circumstances:

(

a) if either or both the payor and recipient do not ordinarily reside in the Province;

(

b) the child support order is an interim order;

(

c) there is a shared custody order for a child to whom the child support order

applies;

(

d) the payor’s annual income is over $150,000, and the amount of the child

support ordered was determined under clause 4(

b) of the applicable federal or

provincial guidelines;

(

e) the child support payable takes undue hardship into account in accordance with

Section 10 of the applicable federal or provincial guidelines;

(

f) the financial information indicates that the payor receives income as a self-employed person, as a partner in a partnership, as a person in control of a

corporation, or as a recipient of dividend income as referred to in clauses

21(1)(

d) to (

g) of the applicable federal or provincial guidelines;

(

g) a child support order applies to a payor who stands in the place of a parent and

Section 3 of the applicable federal or provincial guidelines was not applied to

determine the amount of the child support;

(

h) the annual income of the payor was determined based on a pattern of income

under

Section 17 of the applicable federal or provincial guidelines;

(

i) the amount of the child support ordered was not determined under the

applicable federal or provincial guidelines.

Mandatory conditions of recalculation authorization order

10 A recalculation authorization order must include all of the following conditions:

(

a) that the payor must file their financial information with the recalculation clerk

no later than 60 days before the review date;

(

b) that if the payor fails to provide their financial information as required, then the

payor’s annual income is deemed to be 10% more than the annual income

attributed to the payor’s income in the most recent child support order or

recalculated order;

(

c) that a recalculation clerk must, on or before the review date, review and

recalculate the table amount of child support in accordance with these

regulations;

(

d) that the payor becomes liable to pay the recalculated amount 31 days after both

parties to whom the order relates are notified of the recalculation;

(

e) that the payor and recipient must notify a recalculation clerk in writing of a

change to any of their following contact information no later than 10 days after

the date of the change:

(

i) mailing address,

(ii) e-mail address,

(iii) telephone number,

(iv) fax number.

Date that recalculation authorization order expires

11 A recalculation authorization order expires on the earlier of the following dates:

(

a) the date that the child support order to which it applies is varied, rescinded or

suspended;

(

b) the date that any child to whom the child support order applies reaches the age

of majority.

Filing recalculation authorization order with Director

(1) No later than 5 days after it is issued, a recalculation authorization order must be

filed by the court with the Director.

(2) A payor or recipient may file with the Director any recalculation authorization order

that is not filed in accordance with subsection (1).

Clerk must issue recalculated order

(1) At least 40 days before the review date of a recalculation authorization order, a

recalculation clerk must do all of the following:

(

a) review the financial information received;

(

b) determine the annual income of the payor in accordance with

Section 17;

(

c) subject to

Section 15,

(

i) recalculate the table amount based on the annual income of the payor and

rounded to the nearest dollar amount, and

(ii) issue a recalculated order and send a copy of the recalculated order to the

recipient and the payor.

(2) Nothing in these regulations authorizes a recalculation clerk to recalculate any

amount of child support payable other than the table amount.

(3) Before issuing a recalculated order, a recalculation clerk may refer the proposed

recalculated order to a judge, who may or refer it back to the recalculation clerk with

directions or make such order as is just.

(4) A recalculated order is not invalid because a recalculation clerk fails to perform a

review and recalculation before the deadline in subsection (1).

(5) A recalculation authorization order filed with the Director that has not been

recalculated for a previous year may be recalculated based on financial information

for the most recent taxation year in accordance with these regulations.

Correcting clerical errors or omissions in recalculated order

(1) No later than 30 days after a recalculated order is issued, a recalculation clerk may

correct a clerical error or omission in the recalculated order and issue a corrected

recalculated order.

(2) A recalculation clerk must immediately send a copy of any recalculated order

corrected under this

Section to the recipient and the payor.

(3) A recalculated order corrected and issued under this

Section takes the place of the

recalculated order it corrects and takes effect on the same date as the recalculated

order it is made in place of.

When child support must not be recalculated under these regulations

15 A recalculation clerk must not recalculate the table amount of a child support order if any

of the following apply:

(

a) the recalculation authorization order for the child support order has expired or

has been varied, rescinded, suspended or substituted by the court;

(

b) the payor’s income has not changed;

(

c) the recalculation authorization order was made in any of the circumstances

listed in

Section 9;

(

d) the payor’s circumstances have changed since the recalculation authorization

order was made to include any of the circumstances listed in

Section 9;

(

e) the recalculation authorization order was made under these regulations but

does not comply with these regulations;

(

f) the recalculation authorization order was made under the former regulations

but does not comply with the former regulations or these regulations.

Payor and recipient notified if no recalculation

16 A recalculation clerk who determines that child support cannot be recalculated under

Section 15 must notify the payor and the recipient of the determination and the reasons for

it as soon as practicable, including any of the following applicable statements:

(

a) if clause 15(

c) or (

d) applies, a statement that no further action can be taken by

the recalculation clerk unless the court issues a new recalculation authorization

order or confirms the existing recalculation authorization order;

(

b) if clause 15(

e) or (

f) applies, a statement that no further action can be taken by

the recalculation clerk unless the court issues a new recalculation authorization

order.

Determining annual income of payor

(1) If a payor has filed financial information, a recalculation clerk must determine the

annual income of the payor in accordance with

Section 16 of the applicable federal

or provincial guidelines.

(2) If a payor has not filed financial information, the payor’s annual income is deemed to

be 10% more than the payor’s annual income set out in the most recent of the

previous child support orders and recalculated orders made against the payor.

Information included in recalculated order

18 A recalculated order must be in writing and must state all the following:

(

a) the recalculated table amount, and how it was calculated;

(

b) the annual income of the payor as determined in accordance with

Section 17,

and how it was calculated;

(

c) the review date;

(

d) that the payor must pay the recalculated table amount monthly, on and from the

review date;

(

e) the names and dates of birth of all children for whom the recalculated table

amount is payable;

(

f) that the payor and the recipient are entitled to apply to a court under

Section 19

to vary, rescind or suspend the recalculated order;

(

g) the date the payor becomes liable to pay the recalculated amount, which is 31

days after both parties to whom the order relates are notified of the recalculated

order.

Right to object to recalculated amount

(1) No later than 30 days after a payor or recipient is notified of a recalculated order, the

payor or recipient may object to the order by making an application to a court to

vary, rescind or suspend the recalculated order.

(2) A payor or recipient must notify the recalculation clerk in writing of any application

made under subsection (1).

(3) If an application to the court is made under subsection (1), the recalculated order is

suspended pending the determination of the application and the most recent order

from among the previous child support orders and recalculated orders remains in

effect during the suspension.

(4) If an application to the court made under subsection (1) is withdrawn before the

court determines the application, whether or not the application is withdrawn before

or after the review date, a payor is liable to pay the recalculated table amount as

determined by the recalculations clerk in accordance with these regulations.

Filing recalculated order with Director

20 A recalculation clerk must file a recalculated order with the court and the Director of

Maintenance Enforcement appointed under the Maintenance Enforcement Act , together

with any financial information and current contact information that was provided to the

recalculation clerk.

Documents sent to payor or recipient by regular mail

(1) Any notice or order that a recalculation clerk is required to send to a payor or

recipient under these regulations must be sent by regular mail to the most current

address for the person provided to the recalculation clerk.

(2) A notice or order sent in accordance with subsection (1) is deemed to have been

received 5 days after the date it was sent.

Recalculation does not affect other portions of child support order

22 A recalculation of the table amount of a child support order under these regulations in

accordance with a recalculation authorization order does not affect the validity of any other

portion of the original child support order.

“Maintenance” replaced with “support” throughout: O.I.C. 2017-143, N.S. Reg. 82/2017.