Can we change a child support agreement or court order?

You can change a child support agreement or order whenever a change in circumstances would result in a different child support payment based on the Guidelines. Examples of a change in circumstances include an increase or decrease in a parent’s income, a change in the parenting arrangements, a change in special expenses, or a child turns 19 (the age of majority in NB). You and the other parent should talk about any changes in your incomes at least once a year. Changing a child support order is called a “variation”.

If you agree to change the amount of support

If you and the other parent agree to change the amount of support in your current agreement according to the Child Support Guidelines, update the agreement in writing, or write up a new agreement as described on this website.

If you and the other parent agree that you want to change a child support order, you will have to apply to make the change in the same court that made the original order. Either person may apply to court to vary the order. This gives parents a simple way to update support payments. The person who applies is called the “applicant”. To vary your child support order, you must make a motion in court. A motion allows the court to decide a question after the original court proceeding is over.

Please see the New Brunswick Child Support Variation Kit for information on the steps and forms you will need in order to change your child support order.

It is the payor’s responsibility to keep FSOS informed of any change in his or her information or circumstances. The beneficiary also has the responsibility of keeping FSOS informed of any change in the information on file.

If you don’t agree to change the amount of support

If you and the other parent don’t agree to a change to your original written agreement, the two of you may be able to work out your difference by using the services of a mediator.

Or, parents can seek the assistance of lawyers. They cannot have the same lawyer. If they cannot afford a lawyer, one or both parents may qualify for legal aid if they meet the financial eligibility requirements and their order was made under the Family Services Act.

Do the guidelines consider the income of new partners of spouses?

Generally, the Guidelines do not consider the income of other members of the household, such as new spouses or common-law partners. They treat parents’ financial obligations toward the children independently. The amount the payer must contribute is set according to his or her own annual income. The situations where the court would look at the income of other household members is when one parent makes an undue hardship claim or if a step-parent is required to pay.

What happens if I pay child support then have a second family?

If you are the paying parent and have a new family to support, you are still required by law to financially support your other children. However, having a second family is an example of a situation that could cause undue hardship for you or for your children.

To claim undue hardship, you will have to go to court to prove that your second family will have a lower standard of living than your first family unless the child support payments are reduced. The court will consider both households’ standard of living, the income of all household members, and the number of people in each household.

What happens if we don’t have a written agreement or order?

If you made a child support agreement with the other parent but don’t have it in writing, the agreement is not enforceable—that means the law cannot force the other parent to pay what you agreed to. If the paying parent doesn’t pay what they said they would, try consulting one of these resources.

If you went to court and got a child support order but don’t have a copy of it, ask the court registry staff to help you get a copy.