Isaac's Family Law Blog

Changing Child Support In a previous post I wrote about a motion to change. A person would start a court proceeding with a motion to change when they already have a separation agreement with an estranged or ex-spouse, but they want to change something that was agreed to.  In Ontario, the law allows for a change if the payor has experienced a major change in circumstances, such as reduced income or debilitating health problem that prevents them from working as they used to. Kevin Costner Case In the r ecent decision in California , actor Kevin Costner apparently had a marriage contract signed before he married his estranged wife, Christine Baumgartner. In their divorce process , the two disagreed about the amount of child support he should continue paying for their three children. Earlier in the court process, a judge awarded the amount of US$129,000 on a temporary basis. Recently, the pair returned to court to get a final decision. Ms. Baumgartner wanted US$161,592. In the end, t...

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 brou...