Instructions: Responding to Payor’s Application
to Vary Child Support
Court Services
Reply Statement FL-68
This Instruction sheet provides general information only.
You should speak to a lawyer for legal advice about your own situation
GENERAL INFORMATION ABOUT CHILD SUPPORT
1) A recipient is the person who receives child support. A payor is the person who pays child support. The applicant is saying you are the recipient.
2) The recipient must be one of the following to receive child support:
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a parent or guardian of the child(ren).
a person who has the care and control of the child(ren).
the child.
a person who has permission from the court to make the application.
3) The payor (the applicant) must be one of the following:
• a parent
• a person standing in the place of a parent to the child(ren) (see paragraph 6 below).
4)
A payor must provide support for a child so long as the child:
• has not married
• does not have an adult interdependent partner, or
• has not voluntarily withdrawn from their parents to live an independent lifestyle
5) A payor must support a child until the child is 18 years old. However, if the child is a full-time student, a payor may have to provide support for the child until the child is 22 years old.
6) A person stands in the place of a parent to a child if the person had a relationship with the child’s parent and showed an intention to treat the child as his/her own. Some factors the court will consider are:
• who the person was in the child’s life.
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the length of the person’s relationship with the child.
the child’s view of the person as a parent
the person’s involvement in the child’s activities, care and discipline.
the child’s age.
the child’s relationship with any other parent
any financial support the person provided for the child
any legal action the person considered (eg. guardianship, adoption, change of name).
COMPLETING THE RESPONSE
1) You must complete a Response. Read the instruction sheet ‘Filing a Response’ (CTS1023) which explains how to respond to a Claim.
COMPLETING REPLY TO PAYOR’S STATEMENT - VARY CHILD SUPPORT (FORM FL-69)
2) C
hoose the Reply Statement that matches the forms you were served. For example, if the applicant served you with Payor’s Statement - Vary Child Support (Form FL-47), complete Reply to Payor’s Statement - Vary Child Support (Form
FL-69). If the applicant served you with more than one Statement, complete the matching Reply Statements. The Reply
Statements available for child support applications are:
• Reply Statement - Child Support (Reply Statement FL-67)
• Reply to Recipient’s Statement - Vary Child Support (Reply Statement FL-68)
• Reply to Payor’s Statement - Vary Child Support (Reply Statement FL-69)
CTS1033 (2010/11)
Important - Please see next page
COMPLETING REPLY TO PAYOR’S STATEMENT - VARY CHILD SUPPORT (FORM FL-69) (Continued)
3) If you need more space in a printed version of the Reply Statement, you may attach separate sheets with extra details.
4) Attach copies of any documents required in the Reply Statement.
5) You must number all pages attached to your Reply Statement and fill in the total number of pages at the bottom of each page.
6) Provide details. This is your opportunity to tell your story to the judge.
7) The payor must describe how circumstances have changed since the last Child Support Order. The Court cannot vary a Child Support Order unless there is a change of circumstances.
8) If the child(ren) have different situations (eg. different special expenses or different living arrangements) give details of their different situations.
9)
Special Expenses are described in s. 7 Alberta Child Support Guidelines and generally include child care expenses, medical and dental insurance premiums, health-related expenses, expenses for post-secondary education, and extraordinary expenses for extracurricular activities and school education. See s. 7 Alberta Child Support Guidelines or contact the Family Law Information Centre (see below) for a more complete list.
10)You must supply the financial information and documents requested by the payor if your income is needed to calculate the amount of child support payable. You may want to black out your personal information such as your Social Insurance Number. If you are not a parent, your income is not needed to calculate child support.
11) If you do not already have the payor’s financial information, you may want to attach a written request for financial information to your Reply Statement and give the payor 1 month to provide the information. This may mean asking to
adjourn (change) your court date.
12)For a written request for financial information, you can use these forms: Request for Financial Information
(in Provincial Court) or a Notice to Disclose / Application (Form FL-17) (in Court of Queen’s Bench).
13)If you do not have a lawyer, you can contact the Family Law Information Centres for help with calculations (see below)
14)If the payor is asking the court to reduce the child support arrears, he/she must provide tax returns for each year when he/she wants a reduction and provide reasons why the arrears should be reduced or cancelled. If the payor’s reason is they cannot pay, they must show why they could not pay in the past and why they cannot pay the arrears in the future. If you do not agree, you may want to provide reasons why the arrears should not be reduced or cancelled.
Assistance with Child Support
The Family Law Information Centre can provide you with:
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The booklet ‘Information for Unrepresented Parties on Child Support Matters’.
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Child Support Tables
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Access to the Child Support Guidelines (including s.7 special expenses)
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Help with calculating an amount of child support if you do not have a lawyer
On the internet: You can find the Family Law Information Centre at: www.albertacourts.ab.ca/familylaw
Edmonton:
Calgary:
Grande Prairie:
Lethbridge:
Medicine Hat:
Red Deer:
Elsewhere in Alberta:
SERVING DOCUMENTS ON OTHER PARTIES
17)Serve your documents on each applicant and any other respondent(s).
CTS1033 (2010/11)
780-415-0404
403-297-6981
780-833-4234
403-388-3102
403-529-8715
403-755-1468
310-0000 toll free on the Alberta
Government RITE LINE
(ask forthe Family Law Information Centre)