Interim Spousal and Child Support: Getting Help While the Case Is Ongoing

After a separation, one household often becomes two on the same income, and the spouse who earned less can be left short right away. Waiting for a final order or a signed agreement is not always possible.

BC courts can order support on an interim basis, meaning for the period while the case continues. An interim application is often the first court step in a family case, so it helps to understand how it works.

What an interim order is

Under section 216(1) of the Family Law Act, if an application is made for an order under the Act, the court may make an interim order for the relief applied for. For married spouses who are divorcing, the federal Divorce Act has matching powers: section 15.1(2) for interim child support and section 15.2(2) for interim spousal support, pending the final decision.

An interim order is not a trial result. It is a working arrangement, often made on affidavit evidence, to keep both households and the children stable until the case is resolved by agreement or at trial.

Which law and which court

Unmarried spouses rely on the Family Law Act. Married spouses can claim support under the Family Law Act or, if a divorce is claimed, under the Divorce Act. Under section 193 of the Family Law Act, the Provincial Court can hear support claims under that Act, but it cannot divide property or pensions, and divorce itself stays with the Supreme Court (section 192).

Mind the time limit. Section 198(2) requires a claim for spousal support under the Family Law Act to be started within two years after a divorce order, or for unmarried spouses within two years after separation. Our guide to spousal support in BC covers entitlement and those deadlines in more detail.

Interim child support

Child support, interim or final, is set by the child support guidelines. Section 150(1) of the Family Law Act and section 15.1(3) of the Divorce Act both require the court to follow the applicable guidelines. For most families, that means a table amount based on the paying parent's income and the number of children, plus a share of special or extraordinary expenses where they apply. Our article on how child support is calculated walks through the steps.

Because the formula is largely fixed, the main battleground on an interim child support application is usually income: what the paying parent actually earns, especially if they are self-employed or paid partly in bonuses or dividends.

Interim spousal support

Spousal support is less formulaic. The court first decides whether a spouse is entitled, and then the amount and duration. Under section 162 of the Family Law Act, it considers the conditions, means, needs and other circumstances of each spouse, including how long they lived together, the roles each played, and any agreement or order. Section 15.2(4) of the Divorce Act lists similar factors.

Section 216(2) of the Family Law Act says an interim order should be made, as far as practicable, in accordance with the requirements that would apply to a final order. Courts and lawyers in BC commonly refer to the Spousal Support Advisory Guidelines, a federal advisory tool rather than law, to frame a range. On an interim application, the court often focuses on immediate need and ability to pay, leaving harder questions for later.

What you need to bring

Interim applications turn on financial evidence. Section 5 of the Family Law Act requires each party to give the other full and true information to resolve the dispute. In practice, that means recent income tax returns and notices of assessment, pay records, and for business owners, the company's financial statements. Our article on financial disclosure after separation explains what is usually exchanged.

If you are asking for spousal support, prepare a realistic monthly budget showing your current expenses and the shortfall. If you are the one being asked to pay, prepare your own budget and be ready to explain your income. Courts can draw conclusions from a party who does not disclose.

Changing an interim order

Interim orders can last a long time, sometimes until trial, so they deserve care. Under section 216(3) of the Family Law Act, a party may apply to change, suspend or end an interim order if circumstances have changed since it was made, or if substantial new evidence has become available. Section 216(4) directs the court to consider that change or evidence, how long the order has been in place, and whether it was meant only as a temporary arrangement while the parties negotiated or prepared for trial.

Agreeing to a temporary amount with the other side can be a sensible way to avoid an early hearing, but put it in writing and be clear it is without prejudice to the final outcome.

Separated and short of money? Ask about an interim support application

Our family lawyers can assess entitlement, prepare the financial evidence, and bring or respond to an application for interim child or spousal support in Provincial Court or the Supreme Court.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.