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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.

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Location: Stratford, ON, Canada

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