A Separation Agreement or Final Order can be varied (changed) on consent between the parties or by bringing a Motion to Change in Court.
Depending on the issue subject to variation, the Family Law Act, Children’s Law Reform or the Divorce Act provides parties with the authority to seek a variation. Often, Motions to Change are brought for variations with respect to the following issues:
- Child and/or spousal support payments made at least six months ago;
- Decision making; and/or
- Parenting schedule.
The party who is seeking the change must establish that there has been a material change in circumstances since the Final Order was rendered or the Separation Agreement in Ontario was executed by the parties or that evidence not available at the Hearing or during negotiations has surfaced.
For instance, a material change in circumstances when a Motion to Change a spousal support Order is brought includes:
- Significant increase to the payor’s income;
- Termination of child support;
- Financial change in circumstances;
- Remarriage; and/or
- Child starting post-secondary education.
Each case eventually turns on its case-specific factors. Contact our family lawyers in Etobicoke for assistance in this regard.