Child support can be varied on a material change in circumstances. This should be seen as a change, which would have resulted in a different Order at the time the original Order was made. This commonly would be a change in the custodial situation leading to a different result, a child becoming an adult and no longer requiring support, or a decrease or increase in the payor’s income.
As a cautionary note, it is important that parents be seen by the courts as paying proper support. Although the Courts may have some sympathy for a recently separated person not paying support for a spouse if this issue is in dispute, they almost never have any sympathy for a person who does not support their children after a separation and in fact, once nonpayment of support is shown, court’s routinely take a negative view of the defaulting party during the rest of the litigation. In this context, it is important that you maintain your obligation to your children even if a Court Order is not in place because Orders that deal with past events (retroactive Orders) can be made and often can result in large awards that people have difficulty paying.
It is also important to note that a parent who fails to properly disclose their income to a recipient spouse quite often will not be seen to have discharged their support obligation and they could be the subject of a retroactive order. However, there are a number of factors which can cause the court not to charge retroactive child support including the agreement of the parties where another arrangement has been made for the children, disclosure of proper income and the recipient parent not pursuing support, the provision of other benefits to the recipient spouse or children. It is important that any person seeking to vary support or defending such an application have proper legal advice.
Contact us for a no-charge 20 minute consultation*:
Dubas and Company
email: jdubas@divorcebc.net
605 – 938 Howe Street
Vancouver, BC V6Z 1N9
Tel: 604.697.9107
Fax: 604.697.9108
*20-minute consultations must in-person at our law offices, if at all possible.