How to Change a Child Support Order in Alberta Through the Court

Child support is not always fixed forever. Incomes move, children's needs shift and living arrangements change. If the amount in your order no longer fits, you may be wondering how to change a child support order in Alberta.

Until a court makes a new order, the old one stays in force. This guide walks through who applies, what the court looks for, what to gather, which forms apply, and where to file. It is general information, not advice on your own file.

This article covers the law of Alberta.

Who applies, and why the old amount stays in place

The recipient applies for an increase and the payor applies for a decrease. Under the Divorce Act, either or both former spouses can apply to vary, rescind or suspend a support order. Under the Alberta Family Law Act, the court may, on application, vary, suspend or terminate a support order or any part of it.

Agreeing with the other parent informally does not change the order. The support amount does not change until the court has made an order. How missed or reduced payments are treated depends on your situation, so it is worth confirming with a lawyer before you change what you pay or expect to receive.

The legal test: what has to change

Under the Divorce Act, before varying a child support order the court must be satisfied that a change of circumstances as provided for in the applicable guidelines has occurred. Where the amount includes a determination under the table, a change of circumstances is any change that would result in a different child support order or any provision of it. Where the amount does not include a table determination, it is any change in the condition, means, needs or other circumstances of either spouse or of any child entitled to support. For orders made before May 1, 1997, the coming into force of s. 15.1 of the Divorce Act is itself a change of circumstances.

Under the Family Law Act, the court must be satisfied that a change of circumstances, including those provided for in the prescribed guidelines, has occurred, or that evidence of a substantial nature that was not available at the previous hearing has become available. A court varying a child support order under the Divorce Act must do so in accordance with the applicable guidelines.

Spousal support uses a different test. Under the Divorce Act, it requires a change in the condition, means, needs or other circumstances of either former spouse. The Family Law Act uses similar wording for spousal or adult interdependent partner support.

Alberta.ca says a court may consider changing child support when the circumstances of the payor or recipient have changed significantly. The examples listed are the following:

• A change in the number of dependent children.
• A long-term change in employment income.
• Special or extraordinary (s. 7) expenses.
• Travel or access costs.

Documents to gather first

Good records make an application stronger and faster to prepare. The recipient needs the court order, Notices of Assessment for the past 3 years, current income proof and a list of special expenses. The payor needs the order, complete tax returns and Notices of Assessment for the past 3 years, and pay stubs or other proof of current income.

• Your current court order
• Notices of Assessment for the past 3 years
• Complete tax returns (payors)
• Pay stubs or other proof of current income
• A list of special expenses (recipients)

Which forms you use

The forms depend on your family history. Check which row fits you.

Forms can be updated, so confirm you have the current versions before you file.

Where to file, and what if you do not attend

File the child support application at the court and location where you have already been to court with the other party or started an action. If neither applies, file at any court in Alberta. If you do not attend, the judge may make an order in your absence.

An order that has been filed with the Maintenance Enforcement Program can still be changed. The court may vary, suspend or terminate it even though it has been filed.

If the other parent lives outside Alberta in a reciprocating jurisdiction, the order may still be changed, and a recipient can complete an interjurisdictional child support application. If the other parent lives outside Canada, you may need to apply to serve the documents another way.

Is the Recalculation Program a better route? What to do next

If your order is based on the guideline tables and the only thing that changes is income, the Child Support Recalculation Program may suit you better. It recalculates each year using both parents' income tax information, and only changes in guideline income are considered. It does not help with arrears or getting a new order. Our separate article on the Recalculation Program explains eligibility and deadlines.

• Decide whether your change is about income only, or something bigger such as special expenses or the number of children.
• Collect the documents listed above.
• Work out which set of forms applies to your family history.
• Identify the right court location to file.
• Speak with a lawyer if the other parent lives outside Alberta, arrears are involved, or you are unsure about the test.

Frequently asked questions