Can I Get My Child Support Reduced If I Lose My Job in BC?
This answer covers the law of British Columbia.
Maybe, but a job loss or pay cut does not reduce support automatically; you have to apply and the court has to find there has been a change in circumstances. The order stays in force until a court changes it, and a payor cannot end it by their own decision.
Where the amount was set using the table, a change in circumstances is any change that would result in a different child support order. Whether a particular job loss qualifies depends on the facts, such as why the income dropped and how long it may last. A change can be made prospectively or retroactively.
Timing matters because arrears bear simple interest and the court cannot reduce or cancel them except as the Act allows. A payor who applies promptly may get a retroactive reduction, while one who waits risks arrears and interest continuing to accumulate. When arrears reach $3,000 or more, after 30 days' notice the director can have ICBC cancel a debtor's driver's licence. Keep records of your job loss and your search for work.
Key takeaways
- Child support does not drop on its own after a job loss; the order stays in force until a court changes it.
- A court can change support only if there has been a change in circumstances since the order was made, and the change can be retroactive or prospective.
- Arrears bear simple interest, and a payor who applies promptly may get a retroactive reduction while one who waits risks arrears and interest continuing to build.
- Once arrears reach $3,000 or more, after 30 days' notice the director can have ICBC cancel the debtor's driver's licence.