Commonly, following the making of a child or spousal support order, the circumstances of the parties change necessitating a change to support. Unfortunately, if the parties do not agree on the change to support, the process for changing support can be quite cumbersome. If your ex doesn't agree to change support, you will have to bring a Motion to Change. You will be required to show a court how circumstances have changed and how and why support should change.
If you are considering a change to support, it is important to evaluate the entire factual matrix – not just the facts that support your financial position. Consider the following example: Father is paying mother child support for one child, as well as spousal support under a court order. Circumstances change when the child moves in with the father, who is now seeking child support. In this scenario, the father should be careful to explore whether a change to child support will trigger an increase in spousal support, as is often the case.
If you do decide to pursue a motion to change, remember that a motion to change can only deal with issues set out in the original order or agreement. For example, if you are seeking spousal support, but the original order only deals with child support, you will need to bring a separate application for spousal support.
If you reside in the Guelph / Kitchener area and have questions about motions to change, please contact Purves-Smith Law for a free consultation.
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