Skip to main content

Steps in the Family Law Court Process: The Motion to Change

Family Law Court Process: The Motion to Change

Another way your family law lawyer may start your court process is with a motion to change. This tool is used when you already have a domestic contract with another person. This might be a separation agreement. Or you may have a court order from a previous matter that sets out how much someone must pay in spousal support or child support. 

As the name indicates, this litigation tool allows you to ask the court to change, or vary, a term in an existing contract or an order of the court based on significant changes to your circumstances or ability to pay.

The motion to change is similar to the application in that you will have to discuss with your lawyer what requests you are making of the court and the facts and supporting documents that you are using to bolster your request.

Spousal Support and Periodic (Monthly) Payments

If you have been receiving spousal support on a monthly basis or child support for your child(ren), you may be brought to court if the other party files and serves a motion to change. Regarding spousal support, this is something to keep in mind when negotiating a separation agreement because you may have the choice between accepting support in a lump sum or periodically. 

Periodic payments have the benefit of taking out some of the need for spending discipline. This is because each month (or each period) the recipient receives a relatively small amount. With a lump sum, however, the recipient receives a large sum up front and must plan effectively to make the money last.

But with a lump sum, especially if it comes with a full release from spousal support, although it requires the recipient have more discipline or self-control on spending, there is no risk of being dragged into court kicking and screaming in the future on the issue by the party filing a motion to change. 

On the other hand, with monthly spousal support payments, there's a predictable amount of money arriving each month. But there is always the opportunity for the payor to drag the recipient back to court in an effort to change the amount.

Something to talk to your family law lawyer about.

Find a Family Law Lawyer or Divorce Lawyer


Labels:
Location: London, ON, Canada

Comments

Post a Comment

Popular posts from this blog

Coming to a Court Near You: Dogimony for "Companion Animals"

New BC Law Changes How Pets Are Divided Up in Divorce & Family Law Cases Yesterday I had the pleasure of accepting Kristy Cameron's invitation to join her on her radio show in Ottawa to weigh in on the recent changes to the Family Law Act in British Columbia . You can find her show at iHeart Radio 580 CFRA News Talk Radio . One of my favourite parts of the show was when Kristy and her producer Chris coined the word "dogimony." It was on the topic of how the ownership and possession of pets is now decided in British Columbia courts. Photo credit: Yuliya Strizhkina. A pet's best interests are now one of the principles a BC judge must consider when deciding which party gets ownership and possession of the companion animal. The relationship a child has with the pet and the relationship the other spouse has are also required considerations. It's like a combined best interest of the pet + stakeholder principle.  What are the changes in s 92 and s 97 of BC’s Family L...
Post a Comment
Read more

A New Path to Resolving Disputes: Binding Judicial Dispute Resolution

Binding Judicial Dispute Resolution Recently, I attended an opening of the courts ceremony in London where judges of the Ontario Court of Justice and the Superior Court of Justice were speaking. The local administrative judge for London updated the audience and said that the London family court branch would soon begin piloting an innovative way to move certain cases toward resolution.  Photo credit: Tyler Lastovich It’s called binding judicial dispute resolution (Binding JDR). It promises to be a helpful option for the right type of case to help move things along and clear up the backlog.  So far, what I know is that Binding JDR combines elements of a settlement conference and elements of a trial. The process is pursued in the courts with a judge that hears the settlement conference, and this same judge would be the one who hears the modified trial.  I wrote about settlement conferences in a previous post. This project has been tried with success in other regions in...
Post a Comment
Read more

Finding the Right Family Law Lawyer - A Follow up Thought

What I've Learned Something I've learned is that it's so important to take a prospective client through the estimated costs of pursuing a legal matter. There will usually be turns in the road. Photo credit: Jiang Hua While the costs are still estimates, a frank discussion between lawyer and prospective client prior to deciding on a retainer is crucial to a person's satisfaction level. Also, it's crucial to understanding whether it's a good fit.  The costs of litigation can mushroom in a short time because there are so many things that are out of your lawyer's control, such as how a court will decide a procedural matter or what the other side will do. The expectations that are set early on will greatly impact the equality of your working relationship with your lawyer. You should be looking for this when on the initial consultation. I believe that in the intake phone call or questionnaire that you may be asked to fill out would not be the right time to discuss...
Post a Comment
Read more