A motion to change support is the process you use to ask the court to amend any provisions on your existing separation contract or court order.
Say you want to make changes to your child support and spousal support contract, you will have to file a motion to change with the court for the said changes. Another agreement is prepared if the partners consent to change or end the existing agreement.
But in which circumstances can you file a motion to change support? Let’s explore.
Situations When You Have Right to Vary Support
In many cases, former partners may decide to end or change any court order or separation agreement. Some changes to your situation also warrant changes to your spousal support agreement. Here are some of the situations when you can file for a motion to change support:
- The changes in income can lead to changes in the spousal agreement. For instance, your income has decreased, and you cannot continue the spousal or child support agreement as previously.
- If you are a support payor and you’re no longer in the position to provide support. For instance, in the event of a job loss, you can have the right to vary support to reduce or end the spousal support.
- If you are a support payor with reduced income, whereas the support recipient has a high-paying job, you can file a motion to change support.
- The spousal and child support agreement can also change if the support recipient is deemed self-supporting.
- The spousal and child support agreement can change If the support payor has recently ended the payments and the support recipients want to raise the support amount.
What Other Reasons Warrant A Right to Vary Child Support?
Besides the aforementioned situations, you can also request a change in child support for the following reasons:
- If you’re the support payor and have lost the job, you can file a motion to change as you cannot pay the agreed amount anymore.
- If your income increases, the support recipient may ask to increase the child support leading to changes in the child support agreement.
- If the child has completed education, moved out on their own, gotten married or started working, you can file a motion to change support.
- New extraordinary expenses.
How Can We Help
Nanda & Associate Lawyers has a team of brilliant family law lawyers who can represent your case for motions to change support. We understand your needs and provide tailored solutions in Mississauga.
Our family lawyers are experienced in helping you navigate your way through complex processes involving a motion to change the child and spousal support. Contact us today for further assistance.
Disclaimer: This post is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
