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Alberta's Recalculation Program or Varying Order?

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  • Alberta's Recalculation Program or Varying Order?

    When my youngest son was born two years ago his mother was on provincial government assistance. Upon his birth Child Support Services called both of us in to their offices for the purposes to sign an agreement stating I was his father which they then formulated a payment based on my income at the time of 40K and submitted it to Maintenance Enforcement. They had said that I'd be able to recalculate the payment at a later date as I was planning to be self employed the next month and I expected a drop in income as I tried to set this business up. As it turned out they neglected to tell me there is a 12 month waiting period. It's my contention that I've over paid 1500 for that year and Maintenance Enforcement Recalculation Program doesn't account for over payments, just new monthly payments based on income. My question is would I be better off to try and have the amounts varied in court and address the overpayments made or go through the Recalc Program and then some other motion to the court for over payments separately. Interestingly enough it is the Child Support Services office that receive my support amounts to recover the costs of benefits to my sons mother. "In lieu of child support she receives benefits from another provincial department" as the case worker put it. Which doesn't sit right with me as I've always been told by the legal minds that support is the right of the child. Not mom. Anyway ticks me off they are keeping my sons money. I want it back and am willing to pay a fair price based on support guidelines. I'm not even sure what court motion I should fill out or who even to put on it as recipients??
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