Updating Child Support Orders in Alberta | What Counts as a Material Change?

If you are seeking to change or vary a support order, the first question is whether there has been a material change in circumstance since the granting of the last court order. In the child support context, this is often a very low bar, meaning that a change in either parent’s income or in the activities or supports of the child will often suffice.

When a support order or agreement is first put in place, it’s based on a snapshot of your life at the moment. However, as the years go by, careers shift, children grow, and financial realities often change. If your current support arrangement no longer fits the conditions, means, needs, and other circumstances, you might be able to update your child support order.

The key to unlocking change in Alberta is proving to the court that a Material Change in Circumstances has occurred. 

What is a Material Change? 

In the eyes of the court, a change isn’t just a minor adjustment. To be considered material, the change must impact the needs, means and other circumstances of the child or either parent.

Common Examples of Material Change

Life is unpredictable, but most successful applications to update support fall into these categories: 

• Changes in Income: A significant increase or decrease in either party’s income, stemming from a promotion, job loss, or retirement. 
• Changes in Parenting Time: If the schedule shifts significantly, such as a child moving from the primary residence with one parent to a 50/50 shared split, the support calculation needs to be adjusted. 
• The Needs of the Child: As children get older, their expenses often increase. New Section 7 expenses, such as post-secondary tuition or specialized medical needs, often qualify as a material change. 
• Remarriage or New Dependents: While not always a guaranteed reason for change, a new family obligation can sometimes impact the undue hardship analysis in support cases. 

How to Apply for an Update

If you believe a material change has occurred, you should not unilaterally change your payments. Doing so can lead to arrears and legal complications with the Maintenance Enforcement Program. Because changes in income and other circumstances will often require some nuance, consulting with one of our lawyers at Colborne Allyjan Law can assist with a fresh analysis and clarity on these issues. 

Updating your child support order will often include the following steps:

1. Exchange Information: Exchange updated financial disclosure from the other party. In Alberta, parents have a standing obligation to provide tax returns and other relevant information annually. 
2. Negotiation: Many support updates can be handled through a simple variation agreement without ever going to court. 
3. File a Variation Order: If you cannot agree, you must file an Application to vary your child support order with the Court of King’s Bench or the Alberta Court of Justice. A judge will then review the evidence of the material change and issue a new order. 

A Note on Retroactivity: If your income drops, contact one of our lawyers at Colborne Allyjan Law without delay. Any delay in retaining counsel or informing the other party could cost you thousands in overpayments that you may never recover.

Ensure Your Support Agreement Stays Fair

When you are looking to update child support orders, the goal is to ensure the arrangement remains fair for everyone involved—especially children. Because material change is a legal standard that requires specific evidence, having an experienced lawyer at Colborne Allyjan Law in your corner is important. 

Contact the lawyers at Colborne Allyjan Law today to book a consultation and ensure your support agreement accurately reflects your current circumstances.