How to Change a Child Support Order in BC

Changing a child support Order in BC is a complicated process. The reason for changing a child support Order is usually because the income of the payor has either increased or decreased from the time the initial child support Order was made. Another reason is due to the child switching homes. So you may have a child support Order because your child resided with you but now he or she has moved to live with the other parent and therefore you are not entitled to child support, and the other parent wants to terminate the old child support Order and ask for a new Order where you would have to pay child support. Let’s see how we can change a child support Order in  BC:

How to Change a Child Support Order in the Provincial Court of BC

In the Provincial Court, you need to follow the following steps to change a Child Support Order:

• Fill out an Application to Change and Existing Order. You need to attach the current or old child support Order to this form and file it with the BC Provincial Court.

• The Court will then send you a Notice of First Appearance. In this Notice, the court tells you about a time and date to appear in front of a judge and ‘check in’. During the first appearance, the judge may order a Family Case Conference which is a settlement conference, Order that you or your spouse must fill out a Financial Statement or may Order a Hearing date to hear the actual reason why the Order needs to be changed.

• After the first appearance and filing the Financial Statements, you need to get ready for your Hearing. During your hearing, you need to present evidence to the judge for why the current or old child support Order should be changed. Depending on your circumstances, your evidence can include:
  • an increase or decrease in your income;
  • an increase or decrease in your spouse’s income;
  • where the child or children live; and
  • what the new amount of child support should be.

• Evidence in the Provincial Court is usually given orally so you and your spouse may need to take the stand and testify to provide evidence to the judge. You also need tax and other income documents to show to the Court.

• the judge will then have to determine whether child support should be changed. The judge will need to rely on the Child Support Guidelines or the Family Law Act which provide guidance on the law surrounding child support.

How to Change a Child Support Order at the Supreme Court of BC

I prefer using the Supreme Court over the Provincial Court because it tends to be faster, more organized and sometimes less expensive. If you are self-represented however, I recommend using the Provincial Court because less rules apply. In any event, here is how to change a child support Order at the BC Supreme Court:

• File a Notice of Application to vary, cancel or change a child support Order. You often need to give the other parent at least 21 business days prior to your Application being heard. You will need to swear an affidavit. In the affidavit you must provide evidence for why child support should be changed. So instead of giving evidence orally, you do it in written form. You must:
  • show the current child support Order
  • prove your income;
  • prove the other parent’s income;
  • the current living situation of the child;
  • explain what has changed since the last making of a child support Order;
  • provide the proper child support calculations in support of your position on how much child support should be.

• The other parent will have 14 days to respond to your Application. He or she may provide written evidence for why child support should not be changed. You then have a chance to swear another affidavit and reply to the evidence he or she has provided.

• Then you will likely have to go the Chambers at the Supreme Court and litigate the issue.

• Note that you will need a judge instead of a Master to change a final child support Order.

How to change a child support Order is not limited to what I have explained above. The process is actually much more complicated and needs intricate attention to evidence, detail and other legal issues which this blog does not cover. It is always best to at least have an initial consultation with a family lawyer to know of the process and your rights prior to having to go to court and be dismissed or adjourned because you didn’t follow one of the hundreds of rules one needs to follow for court applications.

Contact our award-winning, top rated firm* for an initial consultation by calling 604-974-9529 or email [email protected].

*Leena Yousef is rated as the number one family lawyer in British Columbia by Lawyerratings.com and as the top 3 best lawyers in Vancouver by the threebest.com.Also voted as the best Vancouver family law firm in Vancouver by Top Choice Awards.