Varying a Child Support Order
| Family Law |
Child support is a payment that is made to the parent who has custody of the child by the non-custodial parent. A judge may vary a support order if the needs or circumstances of the child or one of the parents changes. Some examples of a change of circumstances include a parent losing his or her job or an increase in the income of the non-custodial (paying) parent. A person may not request a variation of support on the basis that he or she is not receiving access to the child.
There is material available at the Local Registrar's Offices of the Court of Queen's Bench to assist persons seeking to vary the child support that they are paying or receiving. This material is of assistance if the spouse (or former spouse) lives in Saskatchewan. If this person lives outside of Saskatchewan, different procedures apply. Information can be obtained through the Family Justice Services Branch for applications where the parents live in different provinces.
Anyone considering making an application to vary a child support order should consider seeing a lawyer or an accountant for advice about the Child Support Guidelines and the tax implications of the application to vary. A lawyer can help individuals decide if the changes in their circumstances are enough to justify a change in the amount of support paid. It's important to consider the cost of the application and the chances of success.