How to Change a Child Support Order in British Columbia

Life changes after a child support order is made. You may have lost a job, received a raise, or the child may now live mostly with the other parent. If the order no longer fits, it helps to know how the law lets you change it.

This article explains the test a court applies, why you should not just stop or change payments on your own, how arrears work, and the main routes to a change: applying to court or signing a new written agreement.

This article covers the law of British Columbia.

The legal test for changing child support

Under the Family Law Act s. 152, a court can change, suspend or terminate a child support order on application, prospectively or retroactively, if a change in circumstances as provided for in the child support guidelines has occurred since the order was made.

The Federal Child Support Guidelines s. 14 explains what counts. Where the amount includes a table-based determination, it is any change that would result in a different child support order or any provision of it. Otherwise, it is any change in the condition, means, needs or other circumstances of either spouse or an eligible child.

In plain terms, a job loss, a significant raise or a change in where the child lives may qualify if it would lead to a different table amount. Whether your change is enough depends on the facts.

Other grounds: new evidence and non-disclosure

Under the Family Law Act s. 152, a child support order can also 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.

The usual ground under s. 152 is a change in circumstances as provided for in the child support guidelines since the order was made. If the order was made under the federal Divorce Act instead, it is varied under Divorce Act s. 17(4), which requires a change of circumstances as provided for in the applicable guidelines, and a variation order may be retroactive or prospective.

• Order made under the Family Law Act: the test is in s. 152, including the new evidence and non-disclosure grounds.
• Order made under the Divorce Act: the test is in s. 17(4).
• Check the title or opening wording of your order to see which law it was made under.

Do not stop paying on your own

Support obligations under an order continue until the order is changed, suspended or terminated by a court under s. 152. A payor cannot end the obligation by their own decision.

Arrears owed 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. There is one important exception: the court may reduce or cancel arrears when they are reduced or cancelled in a proceeding to change the order. A payor who applies promptly may get a retroactive reduction, while one who waits risks arrears and interest continuing to accumulate.

Enforcement through the BC Family Maintenance Agency is not a way to change support. A Family Maintenance Enforcement Act proceeding is not itself a way to change an order.

Ways to make the change

An agreement respecting child support is binding only if made after separation, or when the parties are about to separate and intend it to take effect on separation. A written agreement can be incorporated into an order by the court. How this applies to an existing court order depends on your situation, so it is worth confirming with a lawyer how to have a new agreement made into an order.

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 a copy of the order or agreement attached. If your order was made under the federal Divorce Act, it is varied under Divorce Act s. 17, not the Family Law Act. If your order was made by the Supreme Court, the steps may differ, so confirm the right ones for the court and law that made your order.

What to do next

• Find your order and confirm which law and court it came from.
• Keep paying the amount in the order until a court changes, suspends or terminates it under s. 152, because you cannot end the obligation by your own decision.
• Gather proof of the change, such as income records, a termination letter or details of where the child lives.
• Apply promptly, because arrears and interest can keep building while you wait.
• If you and the other parent agree, put the change in writing and ask about making it an order.
• Speak with a lawyer about your order, especially if arrears exist.

Frequently asked questions