Child-support variation, arrears and extraordinary expenses
Decision: 2026 BCSC 210 Court: Supreme Court of British Columbia Date: February 9, 2026 Read the full decision on CanLII ↗
Counsel’s Comments
“Once a final court order gets made, it is presumed to remain in effect unless it is appealed. In rare exceptions a party may apply to the court to terminate or vary the final order if there has been “a material change in circumstances”; meaning a circumstance that could not have been predicted at the time the order was first pronounced. In 2021, following a 10-day trial, our client was successful in imputing income to her ex-husband for child support purposes (see S.K.R. v K.S.D, 2021 BCSC 1250). Several years later, the ex-husband brought on this application seeking to reduce his arrears of child support and lower his monthly child support obligation going forward. The thrust of his argument is that he had obtained a new business appraisal report showing his income had decreased since 2021. Because he was selective in what financial information he was willing to disclose, the court dismissed his application saying “A party cannot rely on later disclosure, or a newly obtained expert legal opinion, to establish a material change where the alleged income circumstances existed, or could have been determined, at the time of the original order. To permit this would undermine finality and reward the respondent’s non-disclosure”. As the successful party, the ex-husband was ordered to pay costs to our client.”
— Matthew Brandon
Legal issue
Whether the respondent established a material change in circumstances sufficient to vary the final child-support order and arrears.
Key provisions: Federal Child Support Guidelines, including ss. 3, 7, 18 and 19.
Judicial outcome
The court dismissed the respondent’s application to retroactively vary child support and cancel arrears. The reasons also addressed ongoing support and the prospective treatment of s. 7 expenses.
Why the decision matters
The reasons illustrate the evidentiary and disclosure issues that can arise when a party seeks retroactive support relief, including where corporate income and post-secondary support are in issue.