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BC Supreme Court · Support variation · FLA ss.152, 167, 174

Change support orders or reduce arrears

A present-day change in income does not automatically erase arrears. BC law has separate rules for changing child or spousal support and for reducing or cancelling amounts already owing.

Do not treat arrears as automatically recalculated debt. Section 174 of the Family Law Act says a court may reduce or cancel child- or spousal-support arrears only if it is satisfied that it would be grossly unfair not to do so.

Changing child support

Section 152 governs changing, suspending or terminating child-support orders under the Family Law Act. The evidence commonly includes current and historical income information, the existing order, and the facts said to justify the change.

Changing spousal support

Section 167 permits prospective or retroactive changes, suspension or termination where the statutory requirements are met. The section specifically identifies changed circumstances, newly available substantial evidence and later-discovered non-disclosure as potential grounds that must be considered.

Arrears require a separate analysis

For an application to reduce or cancel arrears, section 174 directs the court to the gross-unfairness test and permits consideration of the payor's efforts to comply, the reasons the arrears cannot be paid and other relevant circumstances.

Supreme Court procedure

If the existing final order is being changed in Supreme Court, the current Rule 10-6 process has special treatment: applications to change, suspend or terminate a final order require personal service and use a longer response period than the ordinary five-business-day application.

Disclosure matters

Support variation often turns on reliable financial history. Form F8, tax records, notices of assessment, proof of income changes and records explaining periods of non-payment can be more important than long narratives about the parties' conflict.

Cost planning

Before filing, separate the issues into: current support, retroactive adjustment and existing arrears. That helps identify what evidence is needed for each question and can prevent paying for legal work on arguments that do not address the statutory test.