How Do I Change a Child Support Order in British Columbia?
This answer covers the law of British Columbia.
You change a child support order by applying to a court, and the court can change it only if there has been a change in circumstances since the order was made. In Provincial Court, you apply on Form 3 (Application About a Family Law Matter) with the schedule for child support, Schedule 4, and you attach a copy of the order or agreement.
Where the amount was set using the table, a change in circumstances is any change that would result in a different child support order. A court can also change an order on substantial new evidence that was unavailable at the previous hearing, or where non-disclosure is discovered later. If your order was made under the federal Divorce Act, it is varied under section 17 of that Act instead, and it still requires a change of circumstances as provided for in the guidelines.
Until a court changes the order, it stays in force, and the paying parent cannot end it by their own decision. Which court, forms and financial records apply depends on your situation, so gather your recent income records and a copy of your order, and consider getting legal advice before you file.
Key takeaways
- A court can change a child support order, going forward or back in time, only if there has been a change in circumstances since the order was made.
- In Provincial Court you apply on Form 3 with Schedule 4 for child support and attach a copy of the order or agreement.
- Substantial new evidence that was unavailable at the earlier hearing, or later-discovered non-disclosure, can also support a change.
- The existing order stays in force until a court changes it, and the paying parent cannot end it alone.