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Motions to change or vary support

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A motion to change support is made to the court when the parties are not in agreement to amend the provisions of an existing separation agreement or court order.

A new spousal and child support agreement is prepared once the partners agree to end or change the existing separation agreement. The partners can also decide to change or end the final court order by consent.

Given the significant changes to your situation, your spouse or you may want a change in spousal support as per the separation agreement or court order. The possible reasons for wanting to vary spousal support may include:

  • Either of the parties’ income has increased or decreased;
  • Support payor loses their job and is not in a position to continue paying the agreed amount of spousal support;
  • Support recipient has a higher income, and the support payor wants to reduce or end spousal support;
  • Support recipient is deemed to be self-supporting;
  • Support recipient gets re-married and no longer needs support and/or
  • Support payor has recently ended child support payments, and the support recipient wants to increase the amount of spousal support.

What are the reasons for requesting a change in child support?

In light of the changes in your situation, your partner or you may wish to change or end child support as stated in the court order or separation agreement. The possible reasons for wanting to vary child support can include:

  • Support payor is unable to pay the agreed amount of child support due to loss of their job,
  • Support recipient wants the support payor to pay more child support due to the increased income;
  • Child support payment is no longer required as the child has completed school, gotten married or moved out on their own, or has started working full time;
  • Child support payment is to be discontinued as the child is living with the other parent or any third person and/or
  • New extraordinary and special expenses are present
    The separation agreement or court order is not changed if there is a change in the income of the support recipient as that is not a factor for deciding child support.

What is the process of starting the motion to change or vary support?

The process of starting the motion to change or vary support is the same in the case of child support or spousal support.

There are a lot of specified documents that need to be organized and presented in order to commence the motion including the motion to change which lists the orders requested from the court and financial statement of both parties.

Once the forms are submitted to the court, a date is allocated. The court issues your court order once the you file the separation agreement. Within 30 days of order issue, the documents are served to the other partner.

Documents need to be filed with the courthouse after the partner has been served and it is updated in the continuing record.

The parties’ need to serve and file their response within 30 days if they are in Canada or in 60 days if they are outside of Canada and the US. In the event, that a party doesn’t respond; the court has the liberty to take only one parties’ document into consideration and decide the case

If your partner agrees with you, they sign their consent motion to change and have it witnessed. The signature of the parties confirms that they are aware of their right to speak to a lawyer and the signed form can also result in a final court order.

Income proof is also needed to be submitted in cases where child support is being revised, and any special or extraordinary expenses exist.

If your partners are not in agreement with you, they can file a response to the motion to change where they state their reasons for disagreement and request the court to make additional changes.

The court process for motions to change involves court dates and a case conference if it takes place at the Superior Court of Justice.

Dispute resolution officers (DRO) exist in a few locations of the Superior Court of Justice and Family Court Branches of the Superior Court of Justice. They are trained professionals who can help people resolve their issues by negotiation and are not entitled to issue orders.

Wherever the DRO program is present, that is offered first, followed by the motions to change.

The judge makes a new spousal or child support order or lets the existing one stay the same after reviewing the case.

How We Can Help

At Nanda & Associate Lawyers, our excellent Family Law lawyers help in making effective representation for preparing motions to change support. They understand your specific circumstances and provide tailored and customized solutions for each of them. Many legal complexities exist in requesting changes in support payments and an experienced family law lawyer can help you to navigate better.

Our Mississauga Family Law Lawyers are available for a no-obligation free consultation. Come and experience our quality legal counsel and personalized care we give to each client.

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A motion to change support is made to the court when the partners are not in agreement to amend the provisions of the separation agreement or court order.

A new spousal and child support agreement is prepared once the partners agree to end or change the existing separation agreement. The partners can also decide to change or end the final court order by way of spousal support on consent.

What are the reasons for requesting a change in spousal support?

Given the significant changes to your situation, your spouse or you may want a change in the spousal support as per the separation agreement or court order. The possible reasons for wanting to vary spousal support may include:

  • Either of the partner’s income has increased or decreased
  • Support paying partner loses their job and is not in a position to continue paying the agreed amount of spousal support
  • Support receiving partner has a higher income now, and the support paying partner wants to reduce or end spousal support
  • Support receiving partner is deemed to be self-supporting
  • Support receiving partner gets re-married and no longer needs support now and was being paid support previously earlier as they were in need
  • Support paying partner has recently ended child support payments, and the support receiving partner wants to increase the amount of spousal support.

What are the reasons for requesting a change in child support?

In light of changes in your situation, your partner or you may wish to change or end child support as stated in the court order or separation agreement. The possible reasons for wanting to vary child support can include:

  • Support paying parent is unable to pay the agreed amount of child support due to loss of their job
  • Support receiving parent wants the support paying parent to pay more child support due to their increased income
  • Child support payment is no longer required as the child has completed school, gotten married or moved out on their own, or has started working full time
  • Child support payment is to be discontinued as the child is living with the other parent or any third person
  • New extraordinary and special expenses are present

The separation agreement or court order is not changed if there is a change in the income of the support receiving parent as that is not a factor for deciding child support.

What is the process of starting the motion to change or vary support?

The process of starting the motion to change or vary support is the same in the case of child support or spousal support.

There are a lot of specified documents which need to be organized and presented in order to start the motion to change process including the motion to change which lists the orders requested from the court and financial statement of both spouses.

Once the forms are submitted to the court, and a date is allocated.The court is the one which originally issues your court order and has the separation agreement filed with it. The documents are served to the other partner within 30 days of issuance of the order.

Documents need to be filed with the courthouse after the partner has been served and it is updated in the continuing record.

Partner’s need to fill, serve and file their response within 30 days if they are in Canada or they have 60 days if they are outside Canada and the US. In the event, the partner doesn’t respond; the court has the liberty to take only one partner’s documents into consideration and decide the case.
If your partner agrees with you, they sign their consent motion to change and get it signed by witnesses as well. Signature of the partners confirms that they are aware of their right to speak to a lawyer and the signed form can also result in a final court order.

Income proof is also needed to be submitted in cases where child support is being revised, and any special or extraordinary expenses exist.

If your partners are not in agreement with you, they can file a response to the motion to change where they state their reasons for disagreement and request the court to make additional changes.
The court process for motions to change involves court dates and a case conference if it takes place at the Superior Court of Justice.

Dispute resolution officers (DRO) exist in few locations of the Superior Court of Justice and Family Court Branches of the Superior Court of Justice. They are trained professionals who can help people resolve their issues by negotiation and are not entitled to issue orders.

Wherever the DRO program is present, that is offered first, followed by the motions to change.
The judge makes a new spousal or child support order or lets the existing one stay the same after reviewing the case.

How We Can Help

At Nanda & Associate Lawyers, our excellent Family Law lawyers help in making effective representation for preparing motions to change support. They understand your specific circumstances and provide tailored and customized solutions for each of them. Many legal complexities exist in requesting changes in support payments and an experienced family law lawyer can help you to navigate better.

Our Mississauga Family Law Lawyers are available for a no-obligation free consultation. Come and experience our quality legal counsel and personalized care we give to each client.


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