(LPCH)Apply to change the enforcement order (optional)

Apply to change the enforcement order (optional)

If you've already decided to try to change the support order, you probably won't need to change the enforcement order too.

If you decide to try to change the enforcement order, start the process immediately so that you can report your progress to the judge at the committal hearing. That judge will also have the power to change the enforcement order, but it'll help your case if you don't wait until the committal hearing to start the process.

You'll need:

To get Provincial Court forms, you can:
  • download PDF forms from the links above and fill them out on your computer,
  • print the PDF forms and fill them out in pen, or 
  • ask for printed forms at your local Family Court registry.
You'll also need to file your supporting documents with your application, such as your statement of finance, T4s, income tax returns, or notices of assessment.You may want to file an affidavit in support of your application. For example, if you lost your job or had a medical problem, you could write and swear an affidavit to explain what happened. You could then also attach a letter from your doctor or your former employer to your affidavit as an exhibit (proof). For more information about how to write an affidavit, see What to include in an affidavit or bring to court and How do you write an affidavit?

Once you've filled out the forms, go to the Provincial Court registry where the original enforcement order was made and file them. The registry staff will then give you a court date which needs to be added to your application. The registry may do this for you.

Next, serve copies of the forms and any other supporting documents on the BCFMA (send them to the BCFMA) at least seven days before the hearing to change the enforcement order. Don't send them late. You can mail it to them, or contact BCFMA to ask the best way to serve them. See the BCFMA website for contact information. (Note that a document mailed in a Provincial Court case is considered to be served 14 days after the day you mailed it.)

You don't need to send copies to the person you owe the support to — your case is with the BCFMA at this point, not with that person.

Updated on 13 November 2024