If you and the other party cannot agree

How to change a support order in the Provincial Court of British Columbia (Family Court)

Who these guides are for and how they work

Note: Mouse over any of the terms in green type to see a definition.

Information for people with family law cases in Kelowna Provincial Court

These do-it-yourself guides are for people who:

  • cannot agree with the other party about how much support payments should be,

AND

  • want to change a support order that was originally made in the Provincial Court of British Columbia (Family Court),

OR

  • want to respond to an application to change a support order that was made in this court.

These guides will not tell you how to apply for a divorce or divide property. For more information about doing your own divorce, see our online divorce guide.

Note: If either party lives outside BC, you will not be able to use these guides. Contact a lawyer for advice. For more information about getting support and to get the forms you need, see Interjurisdictional Support Orders, a Ministry of Attorney General website.

You may want to watch Making Your Case: The Family Court Process, a 22-minute video (available online) designed for people who have to go to Family Court without a lawyer.

It is a good idea to get some legal help before you begin a guide. You need to know if an application to change (vary) an order is the right choice, or if you need to appeal. To appeal a court order, you must meet important time limits. If you have an interim order, you may require a longer trial or a hearing to get a final order. When you go to get legal advice, take a copy of your court order with you.

If you cannot afford a lawyer, there are other ways to get legal help, including the Lawyer Referral Service, pro bono (free) clinics, family duty counsel, advice lawyers, or LawLINE. See Who can help? for more information.

These guides include:

  • information about the law that applies to changing support orders,
  • a step-by-step description of how to change a Provincial Court support order,
  • links to blank copies of the court forms you will need and instructions for filling out these forms, and
  • information about what happens when you get into court and how to represent yourself if you do not have a lawyer.

Click on the correct guide (see links below) to see a list of step-by-step instructions. (Payors are people who pay child or spousal support to another person. Recipients are people who receive child or spousal support.) Then read the instructions. Once you are familiar with the instructions, print out, download, or open the forms you need and fill them out.

Note: If you are applying to change payments, you will sometimes be referred to as the applicant in your guide. If you are responding to an application, you will sometimes be referred to as the respondent.

A participant in a given court case, contract, or other legal matter; can be an individual, a corporation, or other entity.
Money paid by one party to the other party as financial support. Support can be paid for a former spouse or for any or all children.
The term "to vary" means "to change" and is sometimes used by lawyers, judges, and court personnel to refer to changing an order. In some of the self-help guides, the revised order is called a Variation Order.
When both parties and their witnesses appear before a judge and give their evidence under oath and out loud. They are then cross-examined by the other party or his or her lawyer. A trial is also sometimes called a hearing, especially in Provincial Court.
The term used to describe the spouse who receives child or spousal support/maintenance.
The term used to describe the spouse who pays support or maintenance.
In many court proceedings, a term used for the party who initiates the action or court proceedings.
In many court proceedings, a term used for a party who responds to the application.
A document that records the decision of a judge/master and is entered at the court registry after the judge/master makes his or her decision.
Any order made before a trial and intended to be temporary.