Basics of Family Law
Child Support
How can I change my current child support order or agreement?
We strongly recommend that you get legal advice before you make any changes to your agreement or ask for a new court order.
The process for changing a child support order or agreement depends on whether you and the other parent are in agreement about the change.
If you agree
- If you have a child support order from the Provincial Court, and you both agree to change it, go to the court that made the original order and ask court staff to provide you with the appropriate forms and instructions. In most cases, the change can be made without a court hearing.
- If you have a child support order from the Supreme Court, and you both agree to change it, you can draft your own change forms, following exactly the information provided in the Supreme Court (Civil) Rules, available on-line. However, the Supreme Court process is complex. Please see court staff for more information, and you may also want to talk to a lawyer. Like Provincial Court, in most cases, the change can be made without a court hearing.
- If you have a child support agreement, rather than a court order, and you both agree to change it, you can either revise the existing agreement or write a new one.
If you do not agree
If you and the other parent do not agree - for example, you want to change the existing order or agreement to the guideline amount but the other parent does not - there are people who may be able to help. They include Family Justice Counsellors and private mediators.
If, after mediation or counselling, you still cannot agree to change your order or agreement, you will need to apply to the court and ask a judge to change it. (To find out more about the court process, please see our web site sections called If You Go to Provincial Court and If You Go to Supreme Court.)
Remember, however, that if you do go to court, in almost all cases the judge must apply the child support guidelines. That means your current child support payments could be increased or decreased depending on the income of the paying parent and the circumstances of your case.
Remember, too, that your existing order - if it was dated before May 1, 1997 - will be changed to reflect current income tax rules.
Once your order or agreement is changed
You may want to enroll your new order or agreement in the Family Maintenance Enforcement Program. The FMEP can then monitor your order or agreement and enforce it for you if necessary - if the other parent is late in making payments, for example, or refuses to pay.
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