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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)
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*Both parties must produce complete financial statements covering income, expenses, assets and liabilities if there is a claim about the children's special expenses, a claim for undue hardship, the payor's income is above $150,000 per year, or one or more of the children over the age of majority. | *Both parties must produce complete financial statements covering income, expenses, assets and liabilities if there is a claim about the children's special expenses, a claim for undue hardship, the payor's income is above $150,000 per year, or one or more of the children over the age of majority. | ||
These new financial statements give the court the information it will need to make a new child support order, if it's willing to vary the original order. Links to and examples of Supreme Court forms are available in [[Sample Supreme Court Forms (Family Law)]]. For Provincial Court forms see [[Sample Provincial Court Forms (Family Law)]]. | These new financial statements give the court the information it will need to make a new child support order, if it's willing to vary the original order. Links to and examples of Supreme Court forms are available in [[Sample Supreme Court Forms (Family Law)|Supreme Court Forms & Examples]]. For Provincial Court forms see [[Sample Provincial Court Forms (Family Law)|Provincial Court Forms & Examples]]. | ||
===Statutory provisions=== | ===Statutory provisions=== | ||
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It's rarely easy to change an order made outside of British Columbia because of the respect our courts must give to the authority and jurisdiction of the court that made the original order. (There are a bunch of other reasons why it can be hard to change an order made outside of British Columbia, but that's the meat of it.) The process that will apply depends entirely on whether the original order was made under the federal ''Divorce Act'' or under the family law legislation of the place whose courts made the original order. | It's rarely easy to change an order made outside of British Columbia because of the respect our courts must give to the authority and jurisdiction of the court that made the original order. (There are a bunch of other reasons why it can be hard to change an order made outside of British Columbia, but that's the meat of it.) The process that will apply depends entirely on whether the original order was made under the federal ''Divorce Act'' or under the family law legislation of the place whose courts made the original order. | ||
===''Divorce Act'' orders=== | ===''Divorce Act'' orders=== | ||
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===Orders and agreements made under other laws=== | ===Orders and agreements made under other laws=== | ||
{{LSSbadge | |||
Orders and agreements that were made elsewhere in Canada under provincial family law legislation or were made in certain countries other than Canada, can be changed by someone living in British Columbia using the provincial ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. Governments that have agreed to follow this process under the ''Interjurisdictional Support Orders Act'' are called ''reciprocating jurisdictions''. | |resourcetype = <br/> more information on <br/> | ||
|link = [http://www.familylaw.lss.bc.ca/resources/fact_sheets/what_if_one_party_outside_BC_Interjurisdictional.php Interjurisdictional issues in child support] | |||
}}Orders and agreements that were made elsewhere in Canada under provincial family law legislation or were made in certain countries other than Canada, can be changed by someone living in British Columbia using the provincial ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. Governments that have agreed to follow this process under the ''Interjurisdictional Support Orders Act'' are called ''reciprocating jurisdictions''. | |||
The countries that will cooperate with a proceeding under the ''Interjurisdictional Support Orders Act'' are: South Africa, Zimbabwe, Austria, the Czech Republic, Germany, Gibraltar, Norway, the Slovak Republic, the United Kingdom, the United States of America and its protectorates, the Special Administrative Region of Hong Kong, Singapore, Australia, Fiji, Papua New Guinea, New Zealand, and Barbados and its dependencies. | The countries that will cooperate with a proceeding under the ''Interjurisdictional Support Orders Act'' are: South Africa, Zimbabwe, Austria, the Czech Republic, Germany, Gibraltar, Norway, the Slovak Republic, the United Kingdom, the United States of America and its protectorates, the Special Administrative Region of Hong Kong, Singapore, Australia, Fiji, Papua New Guinea, New Zealand, and Barbados and its dependencies. | ||
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* ''[[Divorce Act]]'' | * ''[[Divorce Act]]'' | ||
* ''[http://canlii.ca/t/84d8 Supreme Court Act]'' | * ''[http://canlii.ca/t/84d8 Supreme Court Act]'' | ||
* [http://canlii.ca/t/8mcr Supreme Court Family Rules] | |||
* ''[http://canlii.ca/t/849w Provincial Court Act]'' | * ''[http://canlii.ca/t/849w Provincial Court Act]'' | ||
* [http://canlii.ca/t/85pb Provincial Court Family Rules] | |||
* [http://canlii.ca/t/85pb Provincial Court | |||
* ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' | * ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' | ||
* | * [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation] | ||
* [http://canlii.ca/t/80mh | * [http://canlii.ca/t/80mh Child Support Guidelines] | ||
===Links=== | ===Links=== | ||
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* [http://www.familylaw.lss.bc.ca/guides/change/cantAgree/index.php Legal Services Society Family Law in BC Website: How to change a family law order (Supreme Court and Provincial Court)] | * [http://www.familylaw.lss.bc.ca/guides/change/cantAgree/index.php Legal Services Society Family Law in BC Website: How to change a family law order (Supreme Court and Provincial Court)] | ||
* [http://www.familylaw.lss.bc.ca/resources/fact_sheets/changingFinalOrder.php Legal Services Society Family Law in BC Website: Fact sheet on when you can change a final order] | * [http://www.familylaw.lss.bc.ca/resources/fact_sheets/changingFinalOrder.php Legal Services Society Family Law in BC Website: Fact sheet on when you can change a final order] | ||
{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | {{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | ||
