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Difference between revisions of "Changing Family Law Orders, Awards and Agreements Involving Child Support"
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Changing Family Law Orders, Awards and Agreements Involving Child Support (view source)
Revision as of 01:21, 4 July 2019
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==''Divorce Act'' Orders== | ==''Divorce Act'' Orders== | ||
Under | Under section 5 of the ''Divorce Act'', the Supreme Court has the jurisdiction to vary an order for child support as long as at least one of the spouses is normally living in the province when the court proceeding to vary the order is started, or if both parties agree, no matter which province's courts made the original order. | ||
Section 17 of the ''Divorce Act'' gives the court the authority to change, cancel, or suspend orders for support made under that Act. "Changing" an order is called ''varying'' the order. Section 17 says in part: | Section 17 of the ''Divorce Act'' gives the court the authority to change, cancel, or suspend orders for support made under that Act. "Changing" an order is called ''varying'' the order. Section 17 says in part: | ||
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In British Columbia, the Federal Child Support Guidelines are adopted by regulation and the ''[[Family Law Act]]'' provides for variation of child support in virtually the same way as the ''[[Divorce Act]]. | In British Columbia, the Federal Child Support Guidelines are adopted by regulation and the ''[[Family Law Act]]'' provides for variation of child support in virtually the same way as the ''[[Divorce Act]]. | ||
Under | Under section 148(3), the court may set aside an agreement with respect to child support and make an order for child support in its place "if the court would make a different order" than what the agreement provides. | ||
===Financial statements=== | ===Financial statements=== | ||
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===''Divorce Act'' orders=== | ===''Divorce Act'' orders=== | ||
Orders that were made elsewhere in Canada under the ''[[Divorce Act]]'' can be changed here under | Orders that were made elsewhere in Canada under the ''[[Divorce Act]]'' can be changed here under section 5 of the Act, as long as both parties live in British Columbia. Where one party still lives in the province where the original order was made, a person living here can apply to change the original order using a cumbersome, time-consuming process described in sections 18, 19, and 20 of the Act: | ||
#the applicant applies here for a "provisional" order changing the original order, | #the applicant applies here for a "provisional" order changing the original order, | ||