Child support can involve two countries when you live in the U.S. but your children or court orders have B.C. ties. Here is how orders are changed, enforced and registered, and what to bring to a first consultation.
If you live in the United States but your children, property or court orders have ties to British Columbia, child support can involve two countries. This guide explains the basics so you know what to expect before you speak with a lawyer.
## Which court's order applies?
Orders usually have to be changed by the court that made them. If a B.C. court made the support order, a change request generally goes to a B.C. court, even if you no longer live in B.C.
In some cases, a foreign support order may be varied in B.C. if the person applying is eligible. The appropriate procedure for varying a foreign support order is set out in Part 4 of the Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29 (the "ISOA"), which sets out a process for reciprocal enforcement of support orders.
## Enforcing an order from outside B.C.
Orders made in another jurisdiction can often be enforced in B.C. by registering them with a B.C. court. Registration does not change the order, and the rules depend on where the order was made.
## What to bring to a first consultation
- Copies of any existing support orders or agreements
- Recent income information for both parents
- A list of the children's living arrangements and dates
## Tax questions
Sea to Sky Law advises only on B.C. law and does not give tax advice. For tax questions, we work with qualified CPAs.
## Coordinated advice
We advise only on British Columbia law and can coordinate with a U.S. attorney where your situation requires it.
Consultations are by phone or secure video. Every enquiry you send through the contact form is saved and waiting for us to review.
Sometimes. Orders usually have to be changed by the court that made them, but a foreign support order may be varied in B.C. if the person applying is eligible. The procedure is set out in Part 4 of the Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29. Whether it applies to your situation depends on the facts, so it is worth a consultation.
Registering an order with a B.C. court allows it to be enforced in B.C. Registration does not change the order itself. The rules depend on where the order was originally made.
No. Sea to Sky Law advises only on B.C. law and does not give tax advice. For tax questions, we work with qualified CPAs.
Consultations are by phone or secure video. Call (778) 728-0208 or send an enquiry through the contact form, and it will be saved and waiting for us to review.