Introduction
You've been served with an Application Respecting Existing Orders or Agreements
You've been served with an Application Respecting Existing Orders or Agreements (Form 2) because the applicant wants to change your existing court order about parenting or support.
Don't ignore the application. It can take some time to fill out the forms and gather all the documents you need. You must respond within 30 days, or an order to raise (or lower) support payments can be made without you being heard or having any input into the decision.
The process of responding to an application is complex. We suggest you read through all of this guide before you begin so that you understand:
- the documents and forms you need to prepare,
- the information you need to collect, and
- the time periods you have to work with.
When will a judge change a court order?
A family lawyer who knows the facts about your case can give the best advice about whether the judge might change your order. Here are some guidelines.
While different tests apply, depending on the type of order, generally a judge won't change an order unless the applicant can prove that there's been a significant change in circumstances, and that changing the order is:
- in the best interests of the children,
- necessary because the amount of child support is significantly different from the child support guidelines, or
- necessary because the amount of spousal support or entitlement to spousal support is significantly affected.
If child support is an issue, the child support guidelines makes clear how much child support the court would order. The Spousal Support Advisory Guidelines give an idea of the range of reasonable spousal support.
Where does this happen?
The application served on you has a court file number and shows the Provincial Court of BC registry where it was filed.
You must file any court documents at the same registry where the application was filed. If you have to appear in court, it will be in the courthouse where the application was filed. (If a court order to change the registry has been issued since your case began, you'll file your application and appear in court in the changed location.)
How long will it take?
If you file a Reply, around four weeks is a typical waiting time for a first appearance in front of a judge. This can vary by the location of the Provincial Court.
A trial or hearing date can take many months to arrange. If a trial is going to take more than one day because there are many witnesses, it's common, even in larger centres, for the trial date to be more than six months after the court appearance to set the trial date.
Get legal help
It's a good idea to get some legal help before you begin a guide. If you can't afford a lawyer, there are other ways to get legal help, including:
What does the law say about parenting and support?
For more information about what the law says about child or spousal support, and parenting, see the pages below: