Legal Question in Family Law in Canada

lowering support

I currently pay $800/mon for 2 kids, but for the past 2 years I have made less than $40,000. The proper amount to pay is $571/mon. How do I get my payment lowered if my ex does not agree to do so. She likes to be in control and will not agree on anything with me.


Asked on 2/17/03, 5:37 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: lowering support

If your original Order is fromt he Provincial Court of British Columbia, you must make an application to that court on forms obtainable from the Court Registry where the original order was made; if your Order was from the Supreme Court of British Columbia, you must make application to that court, in the Registry where that order was made; there are no pre-printed forms for the Supreme Court. You must swear an affidavit as tot he change in your circumstances, and fill out a Financial Statement in the form mandated by teh B.C. Rules of Court (for Supreme Court) or in the form you will get from the Provincial Court if that is the correct court. You must attach a copy of your last 3 years of tax returns with all attachments -NOTE: generally teh summary printouts you get from CCRA are NOT acceptable (even though CCRA will tell you they are). You then complete and file a Notice of Motion and in the Supreme court a Notice of Hearing and Outline (but not in the Provincial Court) as required by teh Rules of Court. These documents are served on the opposing party and on the date set your lawyer goes to court and argues the case. You do not ned to go to court unless the case is in the

Provincial Court - in that court you and your lawyer must go personally (so you can give live evidence) but in Supreme Court matters sucha s this are usually dealt with on paper, unless the court orders a hearing. Your lawyer will be able to advise you. Matterssucha s this, involving different possible jurisdictions of courts, and fairly complex rules, are generally too difficult to non-lawyers to deal with on their own. You should consult a lawyer.

Read more
Answered on 2/17/03, 6:24 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Canada