Once a court order has been issued for spousal or partner support – it is still possible to have the court order changed. Under certain circumstances – you may be eligible to apply for an increase if you’re the recipient of support and also may be eligible to apply for a decrease if you’re the payor of support. Either way – we recommend you consult with an Edmonton family lawyer for assistance on this matter. There are 2 different processes and forms that need to be filled out if you are looking to alter your spousal support or partner support payments. Here is a brief overview on both situations.
How to apply if you’re not married, common law or divorce hasn’t started
The first step is to gather all your supporting documents and evidence to justify your request for amendment. Some of the documents required include your tax returns from the past three years, paystubs and other proof of income for the current tax year, an itemized list of all your monthly expenses (in some cases receipts will be asked to be provided), a thorough list of all your assets and debts as well as a copy of the agreement or court order you want amended.
After you have collected all your documents you will be required to fill out a series of forms depending on whether you’re the recipient of support or the payor of support. In both situations you will be expected to fill out a Claim as per the Family Law Act and an Affidavit. Additionally, if you are the payor you will be expected to fill out a Payor’s Statement – Vary Spousal/Partner Support form and if you are the recipient of support you will be expected to fill out the Recipient’s Statement – Vary Spousal/Partner Support. The final step is to file your claim with the court where it will be reviewed with no guarantee that a change will take place. In both scenarios we recommend you speak with an Edmonton family lawyer for legal assistance if you’re looking to process the claim in the Greater Edmonton area.
How to apply if you’re divorced or your divorce proceedings have already started
In order to apply for a change or variance in spousal support or partner support if your divorce proceedings haven’t already started – you will be required to gather the same list of documents indicated above. As for the forms – you will be required to fill out an Application to Change Spousal Support. If you’re looking to reduce arrears then you’ll be expected to fill out a form called the Application to Reduce or Cancel Arrears. The final step involves filing your claim. We recommend in a situation like this that you consult with a family lawyer to ensure you’ve satisfied all the requirements correctly.
Book a Consultation with an Edmonton Family Lawyer from Verhaeghe Law Office
Contact our law firm now to book a consultation to speak with a member of our legal team regarding your change in spousal/partner support payments. We may be able to help if you are eligible. You can book a consultation by either calling us at 587-410-2500, emailing us at [email protected] or filling out an online consultation request. A member of our family law team is on stand-by and pleased to assist you.
Disclaimer: Please note the contents of this article are not meant to act as legal advice but instead act as a general overview on a legal topic. For more specific advice on your family law or divorce law matter please contact a lawyer.
