Changing or Cancelling Child Support in BC

Child Support Is Built to Change

Child support follows income and circumstances, and neither stands still. Parents lose jobs, earn more, remarry, and children grow up. When the facts that produced the current amount no longer exist, the law lets you change child support in BC, up or down, and in some cases end it. What the law does not allow is deciding on your own that the number is wrong and quietly paying less, or nothing.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Family law is the only kind of law we practise, and we serve clients in English and Punjabi. We act for both payors and recipients, so we see these applications from both sides. For how support is set in the first place, see our complete child support guide and our child support services.

What the Law Requires Before Support Can Change

A child support order is not reopened just because one parent is unhappy with it. Each statute sets a threshold.

Under the Family Law Act, a BC court may change, suspend or terminate an order respecting child support, prospectively or retroactively, but first it must be satisfied that at least one of these exists (s. 152):

• a change in circumstances, as provided for in the child support guidelines, since the order was made;
• evidence of a substantial nature that was not available at the previous hearing; or
• evidence of a lack of financial disclosure by a party that was discovered after the last order.

Where the order was made under the Divorce Act, a court may vary, rescind or suspend it, retroactively or prospectively (s. 17(1)), and must first satisfy itself that a change of circumstances as provided for in the applicable guidelines has occurred since the order or the last variation (s. 17(4)).

Both statutes point to the same place: the Federal Child Support Guidelines. Section 14 says what counts as a change of circumstances. Where the amount includes a table determination, any change that would result in a different order qualifies. Because the tables run on income, a lasting change in the payor's income is the classic example. Where the amount was not set from a table, the test is a change in the condition, means, needs or other circumstances of either spouse or of a child entitled to support.

Annual Income Updates Keep the Number Honest

The Guidelines do not leave income to guesswork between applications. Under section 25, a parent who pays support under an order must, on written request, provide the other parent with income documents for recent taxation years, plus current information about any section 7 expenses and about any undue hardship circumstances the court relied on. The request can be made not more than once a year, and the documents are due within 30 days for a parent living in Canada or the United States. A clause in an agreement or order that tries to cancel this obligation is unenforceable (s. 25(8)).

Trading tax returns every year feels awkward, but it is far cheaper than litigating three years of stale numbers later. Our Form F8 financial disclosure guide explains the court forms, and our post on the importance of disclosure explains why holding back documents backfires.

Agreements vs Orders

If your child support is in a separation agreement rather than a court order, change works differently. Under the Family Law Act, an agreement respecting child support is binding only if it is made after separation or when the parties are about to separate (s. 148(1)). A written agreement filed in court is enforceable as if it were a court order (s. 148(2)). Child support is the child's right, though, so an agreement gets less deference than parents expect: on application, the court may set aside or replace all or part of it if it would make a different order on the matters in section 150 (s. 148(3)).

Many parents update support by consent, with a fresh agreement or consent order, once current income documents are exchanged. Mediation is often the quickest route to that update. British Columbia also has a child support recalculation service that can adjust some orders and agreements based on updated income information, without a court application; check whether your file qualifies before you litigate.

Never Simply Stop Paying

Stopping payments without a new agreement or order is the most expensive shortcut in family law. The existing order stays enforceable until changed, arrears pile up at the old rate, and enforcement can follow. Courts can also adjust support back in time, which cuts both ways: a payor who overpaid after a genuine income drop may seek relief, and a recipient who was shortchanged may claim back support. Our guide to retroactive child support covers how far back that can reach. If your income has dropped, the safe move is to give notice, provide proof, and apply promptly, while continuing to pay what you can.

Frequently Asked Questions

What Counts as a Change in Circumstances for Child Support?

For table-based amounts, section 14 of the Guidelines treats any change that would result in a different order as enough, and a lasting change in the payor's income is the most common one. Changes in parenting arrangements, a child's status, or section 7 expenses can also matter. Short-lived dips usually carry less weight than lasting ones.

Can I Stop Paying Child Support If I Lose My Job?

No. The order remains in force until a court changes it or the parties properly agree to a change. Losing a job may well justify a variation, but the reduction is not automatic. Tell the other parent, document the loss and your job search, and apply without delay, because arrears under the old order keep accruing in the meantime.

Can We Change Child Support by Agreement Instead of Going to Court?

Often, yes. Parents can sign an updated agreement or ask the court for a consent order, and a written agreement filed in court is enforceable like an order. Because support belongs to the child, the new amount still needs to line up with the Guidelines, or a court may later set the agreement aside and substitute a different order.

When Does Child Support End?

Not automatically at any birthday. Support runs as long as the child remains a child within the meaning of the legislation, which can extend past 19 for education, illness or disability. Whether a particular order or agreement has run its course depends on its wording and the child's situation, so get advice before treating any payment as the last one.

Talk to a Child Support Lawyer in Surrey for Free

If you think your child support amount no longer fits reality, on either side of the ledger, the first 30 minutes with us are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.