Prince Edward Island · Topic

Motion to Vary Support in Prince Edward Island

Summary

•Varying a support order requires a change in circumstances under Federal Child Support Guidelines s.14 (for child support) or Divorce Act s.17 (for spousal). Most commonly: a change in either party's income.
•Filed under PEI Rules of Civil Procedure, Rule 4.06 · Family Law Act, ss. 33-37 · Federal Child Support Guidelines s. 14 using PEI Rule 39 Affidavit. The supporting affidavit must include current income disclosure for the moving party, evidence of the change, and the proposed new amount calculated against the Guidelines.
•Failing to disclose income completely is the single biggest reason support variation motions fail. Courts impute income aggressively when disclosure is incomplete or inconsistent.

Filing procedure in Prince Edward Island

Motions on this topic in Prince Edward Island are governed by PEI Rules of Civil Procedure, Rule 4.06 · Family Law Act, ss. 33-37 · Federal Child Support Guidelines s. 14. The supporting affidavit is filed using PEI Rule 39 Affidavit.

Filed with the Supreme Court of Prince Edward Island (Family Section). Each Prince Edward Island family courthouse has slightly different motion-day schedules and filing-counter procedures — check the courthouse-specific page for your city before filing.

If you're unsure which Prince Edward Island courthouse has jurisdiction over your matter, the Family Law Information Centre at most courthouses will walk you through it — they can't give legal advice but they can confirm filing locations and motion days.

What triggers a support variation

Section 14 of the Federal Child Support Guidelines (FCSG) lists what counts as a change in circumstances for child-support variation. The principal triggers:

A change in income that would result in a different amount of support under the Guidelines tables
A change in the custody arrangement (e.g., from primary to shared custody)
A change in the special / extraordinary expenses (s.7 expenses) for the children
For Divorce Act spousal support: a change in either party's means, needs, or circumstances

Mandatory income disclosure

Your affidavit must include or attach as exhibits:

Your most recent Notice of Assessment (NOA) — Exhibit A by convention
Your last 3 years of tax returns
Your last 3 pay stubs (employed parties)
Last 3 years of financial statements for self-employed / business income
Statement of any other income — investments, rentals, pensions

If you don't disclose, the court will impute income. Impute amounts are typically higher than your actual income because they account for hiding behavior. Disclose everything.

Section 7 special and extraordinary expenses

FCSG s.7 expenses are special or extraordinary child-related costs shared between parents proportionate to income. Common categories:

Childcare necessary for a parent's employment or education
Medical, dental, orthodontic costs beyond the base coverage
Health insurance premiums attributable to the children
Special educational programs (tutoring, special-needs supports)
Post-secondary education expenses
Extraordinary extracurricular costs (high-level sports, competitive arts)

If your variation involves a change in s.7 expenses (e.g., child enrolling in competitive hockey), document the increased cost and propose the new contribution split.

Calculating the proposed new amount

Use the Department of Justice child-support tables (free online lookup tool) to calculate the table amount based on the payor's income, number of children, and province. State both the OLD amount and the PROPOSED new amount in the affidavit. The court is much more likely to act when the variation amount is plug-and-play.

Frequently asked

How often can I bring a support variation?

There's no hard limit, but bringing variations too frequently — especially without significant income changes — can result in cost orders against you. Most parties review support annually with each new tax year (NOA-driven).

What if my ex won't disclose their income?

File the motion anyway and ask the court for an order compelling disclosure under your province's family-rules. Courts treat non-disclosure as adverse. The other party can be required to produce tax returns under court order.

Can support be varied retroactively?

Yes but it's heavily constrained. The Supreme Court of Canada in DBS v. SRG [2006] 2 SCR 231 set a four-factor test for retroactive support. The general principle: retroactive variation typically only goes back 3 years from when the payor was given effective notice.