Spousal support agreements in Canadian divorce proceedings generally reflect information that the parties know or have good reason to expect to be true. When either spouse’s circumstances change, the support agreement may also need to be modified.
A court that has jurisdiction over a spousal support agreement will need valid cause to approve a petition for modification. A Hamilton spousal support modification lawyer from The Riley Divorce & Family Law Firm could verify that changes and amendments are correctly considered to support that modification petition. Our spousal support lawyers are available 24 hours a day to assist you with your case.
When representing a spouse who desires to change a spousal support agreement, our Hamilton lawyers have a couple of pathways to pursue the modification. The first is if the requested modifications have both parties’ consent, then we could draft a new spousal support contract and submit it to a court for approval with a consent order.
If there are disagreements over a modification, we could help the couple procure the services of a neutral arbitrator or mediator, who resolves issues and comes to a resolution that works for both parties. We could then prepare and file your motion to modify or vary the existing support agreement with the court that maintains jurisdiction over it.
If one party does not consent to a request to modify a spousal support agreement, the requesting party’s lawyer will file a consent motion to modify the agreement with a Form 15C. That motion will need to be supported by documentation and evidence showing that a material change in circumstances has given rise to the modification request.
Under Canadian law, a change is material if it is significant and long-lasting and was not anticipated or expected when the original support agreement was entered into at the conclusion of the parties’ divorce proceedings. The more common material changes include:
In all cases, the material change will need to be reflected in tax returns, bank statements, wage records, and other objective documentation. You can confer with our experienced spousal support lawyers in Hamilton for the specific evidence you will need to support your modification petition.
A court will reject your modification petition if your supporting evidence does not show a legitimate reason for the request. To prevent this from happening, you should retain a Hamilton lawyer who has substantial knowledge about consent motions for modification of spousal support agreements.
You may also face challenges to modification petitions if the original support agreement is characterized as a full and final settlement and includes language prohibiting or restricting modification. When you first meet with a lawyer to discuss spousal support modification, bring your original agreement and all documents and materials that were considered in the preparation of that agreement. Your lawyer may then review everything to evaluate the challenges your modification petition may face.
A Hamilton spousal support modification lawyer from The Riley Divorce & Family Law Firm could prepare and advocate for your support modification petition. We are available to answer your questions 24 hours a day. Please call us at any time to consult with a member of our legal team about the changes you are seeking.
The Riley Divorce & Family Law Firm
