To change or cancel BC child support ain’t easy. But it’s doable if you are you honest about your situation and have nothing to hide. Talk to one of our child support lawyers to get the perfect strategy for your case…but if you’re not sure yet, read the below for some useful information on how to change or cancel BC child support.
Grounds to Change or Cancel BC Child Support
To change or cancel BC child support, first you need a separation agreement or a court Order. If you have one of these then you have to show that something substantial and unpredictable has happened to cause child support to change or cancel as per the Child Support Guidelines.
So for example:
- if you become disabled,
- lose your job without purposely wanting to,
- have more dependents,
- a new family or
- are paid less than expected
you can apply to change or cancel BC child support. However, please note that you can’t be purposely unemployed or under-employed and then ask for a reduction of child support. That argument is not going to fly. Also, the change in income or circumstances must not have existed at the time the original separation agreement or Order for child support was made.
To Chance or Cancel BC Child Support Show a Material Change
The change in income must be a material change and is defined as follows:
… the change must be a material change of circumstances. This means a change, such that, if known at the time, would likely have resulted in different terms. The corollary to this is that if the matter which is relied on as constituting a change was known at the relevant time it cannot be relied on as the basis for variation.
Procedure to Change or Cancel BC Child Support in Courts of BC
- At the Supreme Court of BC, you must:
- first file a Notice of Application to have child support changed.
- You will also need to fill out a Financial Statement and attach your last three years’ of Notice of Assessment and T1 Generals. If you are employed, you need to attach your year-to-date statement of income to show the judge that your current income is less or more than the income original agreed to or ordered.
- You will then need to provide your ex-spouse with 8 business days to respond to your Notice of Application.
Next you appear in court and litigate the issue and hope that the judge will decide to change or cancel BC Child Support payable.
- At the Provincial Court of BC, you will need to:
- File an Application to Change an Existing Order, serve it on your ex-spouse and then wait for 30 days for his/her response.
- Next you need to file a Notice of Motion to Change or Reduce Child You will need to provide your ex-spouse with 7 days before you can go to court and have support changed.
- You will need to file a Statement of Finances which is similar to the Financial Statement explained above.
- Next you will appear in Court to litigate the issue and hope that child support is changed or reduced.
There are other steps and procedures you need to follow in making sure you can change or cancel BC child support. The best approach would be to consult with a BC Family Lawyer to know exactly what you need to do in your situation and what your chances of winning/losing are. Contact our award winning firm at 604-974-9529 or get in touch.