Variation of Support Orders and Agreements

After your separation or divorce is final, things may change that affect your agreements for support. Whether your child support or spousal support terms are the result of a negotiated contract or a court order, modifications are possible. The lawyers at Peterson Stark Scott in Surrey can help you assess the necessary legal steps.

Routes to Variation

In British Columbia, changing support terms depends a lot of how the terms were decided upon to begin with. If support is part of a court order and you and your former spouse agree to the changes, you can use a consent order to make the changes and avoid going to court. Similarly, if support is part of a separation agreement, former spouses can simply create a new agreement or vary the existing one. If they have difficulty coming to agreement, they can go to mediation to try to resolve the issue.

Whether you want to vary a court order or make changes to an agreement, a court has to be satisfied for the changes to be enforceable. When changes involve children, the court will ask if the changes are in their best interests. On issues involving support or property division, the court will ask if the agreement to be enforced was arrived at fairly and all financial information was properly disclosed.

A child support order can be changed if the payer's income has gone up or down or if new financial information is available. A spousal support order similarly can be changed if the circumstances of either party have changed or if new financial information is available.

Legal Advice for Advocacy and Resolution

At Peterson Stark Scott, we can advise you on your options to change an order or fight a modification you do not agree with. With more than 40 years of experience and a commitment to resolution-focused family law, we can help you achieve a fair result.

Receive the Answers You Need

To meet with a family lawyer about variation of support orders and agreements, contact the firm for an appointment. Call 604-588-9321 or 604-588-9321 or reach us online.