Toronto Variations Lawyer
Toronto Modification Lawyer
Toronto Motion to Change Lawyer
Motion to Change | Post-Separation Modifications
Post-Divorce Variations and Modifications
Varying Custody and Access Orders | Modifying Support Orders
Serving Toronto & All of Ontario From Our Toronto Offices
After a divorce has been finalized and the issues of custody, access, property division and support have been dealt with, a party may find a change of circumstances requires a variation of a separation agreement or court order.
To successfully vary a court order, you must show a material change of circumstances occurred. A material change in circumstances is a change, which if known at the time of the original order or agreement, would have resulted in a different order or agreement being made.
Reasons for Varying a Court Order or Separation Agreement
- Substantial changes in a spouse’s income and employment. This includes retirement, promotions, losing employment, illness and disability.
- A change in the living arrangements, access schedule and custody of the children.
- Significant changes to the children’s expenses and needs.
- The children finish school, marry and are no longer dependent.
- A spouse who receives support payments remarries or becomes self-sufficient.
How to Vary a Court Order or Separation Agreement
There are several ways to vary a court order or separation agreement. If you and your former spouse are amicable, you may agree to make modifications to a court order or separation agreement. You may also engage in mediation and arbitration. A Motion to Change may need to be initiated if these approaches are unsuccessful. A Motion to Change is the court process for altering and varying a court order.
How We Can Help
Motions to Change occur frequently in family law. At Gilbertson Davis, we have extensive experience initiating and responding to Motion to Changes. We assist clients seeking to vary a court order or separation agreement. Our deep expertise and experience ensure our client’s interests are protected and helps us determine the best way to approach variations.