(LSRC)Gather the documents about your current order

Gather the documents about your current order

You'll need

  • A copy of the order being changed
  • A copy of your Affidavit(s) and a copy of the other person's Affidavit(s)
  • If a support order is being changed, any financial statements that you and the other person gave to the court when your family order was first made

These documents can help you decide what information to include in your Affidavit (see Step 3).

You must have a copy of your current order. A copy of the Affidavit(s) isn't essential, but it's usually helpful. It might also be helpful if you can get a copy of the Reasons for Judgment, if there are any, or a copy of the transcripts from your initial order court case.

Changing orders for child support

The applicant (in this case, the other person) needs to show that something relevant to support has changed since the order was made. Usually this is the income of the payor and the amount owing under the child support guidelines.

Most court orders set out the incomes of the people involved and base the amount of child support on the guidelines. The financial statements and affidavits filed in the original court case might be helpful if your current court order isn't based on the guidelines, or in a guidelines case in which undue hardship or special or extraordinary expenses are an issue.

The child support guidelines changed in May 2006 and in December 2011, and the Federal Child Support Tables were updated in 2017 to reflect more recent tax rules. These changes might be enough to justify an application to change child support.

Where do you get the documents?

If you don't have these documents, get them from your lawyer or from the registry of the Supreme Court where the original order was made. The location of the court registry is shown in the top right-hand corner of your order. You'll have to pay a fee for photocopying.

Call the registry of the court where the order was made to find out if they'll mail or fax copies of these documents to you, or if you must pick them up in person. You can find BC Supreme Court Registry addresses and phone numbers on the Courts of BC website (click on a location to see its address).

If you go to the court registry search desk in person to get copies, bring photo identification with you. If you have any documents related to your case, bring them with you, because they might help the clerk find your court file.

Updated on 11 June 2019