British Columbia Law
Child Support in B.C. Across the Border — Which Court Applies?
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.
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This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.