How to Change a Child Support Order in BC When Income Changes

Incomes change. A job loss, a raise, a new career or a reduced work schedule can make an existing child support order feel out of step with reality. The order still stands, though, until it is formally changed.

This article explains in general terms how a child support order can be changed in British Columbia, what financial information to gather, and why timing matters. Your own situation may differ, so treat it as a starting point.

This article covers the law of British Columbia.

The order stays in force until a court changes it

Every parent and guardian has a duty to provide support for the child. Support obligations under an order continue until the order is changed, suspended or terminated by a court under s. 152, and a payor cannot end it by their own decision.

This is why quietly paying less is risky. Arrears under a maintenance order bear simple interest at the rate set by regulation, and the court cannot reduce or cancel arrears except as the Act allows.

When can a child support order be changed?

Under Family Law Act s. 152, a court can change, suspend or terminate a child support order, prospectively or retroactively, on application, if a change in circumstances as provided for in the child support guidelines has occurred since the order was made. Under the Federal Child Support Guidelines s. 14, where the amount includes a table-based determination, a change of circumstances means any change that would result in a different child support order or any provision of it. Otherwise, it means any change in the condition, means, needs or other circumstances of either spouse or an eligible child.

There is also an exception. A child support order can be changed on substantial new evidence that was unavailable at the previous hearing, or where evidence of non-disclosure is discovered later, even without a guideline change in circumstances.

If your order was made under the federal Divorce Act, child support variation requires a change of circumstances as provided for in the applicable guidelines, and the variation order may be retroactive or prospective.

How the court recalculates

The amount of child support is determined under the child support guidelines, and the court may depart from them only in limited cases and must give reasons. In practice, a change in income is often the key fact, because a table-based amount depends on it. A lawyer can explain how the guidelines apply to your numbers.

• An income increase or decrease for either parent.
• A change in the child's needs or circumstances.
• Newly discovered information that was unavailable at the earlier hearing.
• Later-discovered non-disclosure of income.

Forms and disclosure

In Provincial Court, an application to change or cancel an order under the Family Law Act is made on Form 3 (Application About a Family Law Matter) with the schedule for the order type, such as Schedule 4 for child support, and a copy of the order or agreement is attached. The Supreme Court uses its Family Rules instead, and the forms and filing steps differ, so confirm them with a lawyer or the court registry.

Complete and honest financial disclosure matters. For non-compliance with a disclosure order, or incomplete, false or misleading disclosure, the court may draw an adverse inference, require security, or order expenses or a fine of up to $5,000.

• Your current order or agreement.
• Recent income tax returns and notices of assessment.
• Recent pay stubs, or business income records if you are self-employed.
• Records of a job loss, such as a termination letter or employment insurance statements.
• Any new information about the other parent's income.

Timing, arrears and what to do next

A payor who applies promptly to change support may get a retroactive reduction, because the court may reduce or cancel arrears when they are reduced or cancelled in a proceeding to change the order. A payor who waits risks arrears and interest continuing to accumulate. On a variation, the court may also vary an order without reducing or cancelling the aggregate of the arrears.

A proceeding under the Family Maintenance Enforcement Act is not itself a way to change support. Appeals from Provincial Court orders under that Act go to the Supreme Court, and a final family order can otherwise be challenged by appeal rather than variation.

• Do not stop or reduce payments on your own.
• Collect your income documents as soon as your circumstances change.
• Check whether your order was made under the Family Law Act or the Divorce Act.
• If the other parent is willing to agree to a change, talk to a lawyer first: an existing court order continues until a court changes it, and a written agreement can be incorporated into an order by the court, while a family law agreement is binding on the parties whether or not it is filed with a court.
• Speak with a lawyer before you file, since the forms and court differ.

Frequently asked questions