Divorced parents in British Columbia typically have child support obligations. However, these obligations may become impossible to meet when drastic changes in circumstances take place. Child support orders can be modified, but care must be taken in the methods used to effect those changes to ensure compliance with family law.
Parents can negotiate to establish agreements of child support amounts, or the court can issue an order. Whichever way it is done, certain family law guidelines must be used in the calculation of child support. The most important aspect to consider when calculating child support is the income level of the parent who will pay child support.
Separation agreements typically include legal requirements for the paying parent to keep the other parent updated with any changes in income. Amounts for child support can even be updated through recalculation services at provincial level that use tax returns to verify incomes. Parents who have to take pay cuts or lose their jobs may petition the court for modified child support, and the same applies to a parent who believes he or she has paid more than was required.
Although any modifications in child support can be negotiated between the parents, it might be appropriate to seek the support of an experienced British Columbia family law lawyer. He or she can assist with negotiations and also make sure the changes are approved by the court. Having an amended court order can avoid any litigation about shortages on child support payments in the future. Receiving refunds on overpaid support is also best pursued through the court with the guidance of a lawyer.