Changing a Child Support Order or Agreement

Both parents  may not agree to change or vary an existing child support order or agreement.  It is the responsibility of the party (parent) who wants the change to apply to the court  for a variation of child support. 

An application to  vary a  child support order may ask the court to either increase or decrease the amount of  child support being paid or to forgive all or part of the arrears the payor owes. This is common, especially when personal circumstances change, i.e. financial situation (loss or increase of income), or a child’s living status (no longer dependent or living at home with either parent).

How do I apply for a change in a child support order or agreement?

If you have no legal representation, the Child Support Guidelines Office will assist you in seeking to  vary an existing child support order either through the courts or out of court by way of a Consent Order.

What is the role of the Maintenance Enforcement Program (MEP) in an application to  vary an order?

Under the authority of the Maintenance Enforcement Act, MEP will monitor and enforce the existing  child support order  or agreement and may take a position on an application to  vary an order when the order is  for arrears only.

If the court  varies the order, you or your lawyer must provide a copy of the new order to MEP as soon as possible. The original order will be enforced until the new order is registered.

What if one parent lives outside PEI?

If one parent lives in another province, territory or country, the process to change a child or spousal support order is streamlined under the Interjurisdictional Support Orders Act. For more information, refer to Child Support from Out of Province

Who can I contact for assistance?

Child Support Guidelines Offices
Family Law Centre (Charlottetown)
Family Law & Court Services Division
Phone: (902) 368-6220

Summerside Law Courts (Summerside)
Family Law & Court Services Division
Phone: (902) 888-8188

Published date: 
April 19, 2018