Can we change a child support agreement or court order?

You can change a child support agreement or order if circumstances change. Examples of a change in circumstances include an increase or decrease in a parent’s income, a change in the parenting arrangements, or a child turning 19 (the age of majority in Nova Scotia). You and the other parent should talk about any changes in your incomes at least once a year.

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 court. For help in determining which is the right court, click here. If you and the other parent agree on the new child support arrangements, it will likely be possible for you to file a consent variation order with the court.

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

If you and the other parent don’t agree to a change to the original court order, one or both of you can apply to the court, and ask the court to change (vary)  the original order.

How long is child support paid?

Both parents are financially responsible for their children generally at least until a child turns 19 (the age of majority in Nova Scotia). Sometimes support will be paid longer if a child is still dependent, such as when a child is ill, disabled, or still in school.

Child support generally continues even if the parent who has primary care of the children enters a new relationship.

What happens if I receive child support and then get remarried?

If the children live with you most of the time and you remarry, the income of your new spouse generally does not affect the amount of child support you receive from the children’s other parent.

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 might cause undue hardship for you or for your children.

To claim undue hardship, you will have to go to court to prove that your  circumstances create an undue hardship situation. The court will consider both households’ standard of living, the income of all household members, and the number of people in each household.

If you think you have a case of undue hardship, see a lawyer to find out what you should do next.

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 likely not enforceable— which means the MEP cannot force the other parent to pay what you agreed to.  In order to have the MEP enforce the child support payable, you have to go to court and obtain an order stating what amount of child support is to be paid. If the paying parent doesn’t pay what they said they would after the two of you reach an agreement, speak to a lawyer to find out what you should do next.

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

If you never had an agreement or an order, you can apply to the court for one, or get advice from a lawyer about what you should do next.