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A Motion to Change is required to change or vary a final order or to end a final order regarding child support, spousal support, custody, access, or restraining order. The most common reason for commencing a Motion to Change is usually to vary a support order. A Motion to Change is often brought when one or more of the following happens:

a) The support payor is making more money than he or she was when the order or agreement was made;
b) The support payor is making less money than he or she was when the order or agreement was made;
c) The child for whom support is payable has finished school, married or moved out on his or her own;
d) The child or children are now living with the payor or a different person;
e) The person receiving spousal support is now able to support himself or herself.

In order to succeed on a Motion to Change the moving party must either establish that there has been a material change in the circumstances or provide new evidence that was not available at the time the original order or agreement was made. A Motion to Change is not an invitation to come back to Court; you need to satisfy the Court that there has been a Material Change in Circumstances,

Rule 15: Motions to change a final order or agreement tells you what you need to do to commence a Motion to Change. For more information contact our office today.

 

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