Family Lawyers for Varying Custody and Support Agreements

After a divorce or separation has been finalized, there may be changes in an individual’s personal circumstances, or those of their ex-spouse, that create a need to revisit the terms of any arrangement addressing child custody and support payments, spousal support, or the division of property. Even the most carefully crafted arrangements may need to be altered in the face of unexpected life events.

Common Reasons for Seeking to Vary Spousal Support, Child Support, and Custody Arrangements

At Gelman & Associates, we can assist new and existing clients who are seeking to vary the terms of a separation agreement or court order. Although any major life change may trigger the need for an amendment, some of the common reasons that clients need to modify a divorce or separation agreement include:

  • Significant changes in income or earning potential of either spouse, such as losing a job, becoming disabled, getting a big promotion, or obtaining an advanced degree;
  • Substantial changes to a child’s needs or expenses, for example, due to a serious medical condition;
  • Cohabitation or remarriage by a spouse that receives support payments;
  • A child reaches the age of majority or is no longer a dependent; and
  • Changes in living arrangements, custody and access, including one parent wanting to relocate with a child.

Approaches to Making a Post-Separation or Post-Divorce Modification

We consider each client’s personal situation to determine the best way to approach any variations or amendments. When everyone can agree on the general terms and goals of post-divorce modifications, a skilled family lawyer can formalize these changes through an amended agreement or court order with the cooperation of both parties.

Where former spouses are not on amicable terms, or if they cannot agree on the particular modifications to be made, they may want to engage in mediation with a neutral third party. Mediation offers a cost-effective means of resolving disputes.

Where mediation is not successful, parties can choose to submit their dispute to a binding arbitration process, or seek a court order to finalize the changes. These steps can be costly, and we recommend speaking to a qualified family lawyer that can help

Ontario Family Lawyers in Aurora, Barrie, Downtown Toronto, Mississauga, North York and Scarborough Assisting with Changes to Custody and Support Agreements

If you have experienced a change in circumstances, or have found that an existing child custody or support agreement is no longer working in your best interests, the team at Gelman & Associates can review your situation and determine what types of changes should be sought. Our offices can be reached Monday to Friday from 8 AM to 8 PM. To schedule a brief consultation, call us at (416) 736-0200 or 1-844-736-0200, or contact us online.

From the Blog

Latest posts from the Gelman & Associates blog

25

Court Determines Which School Child Will Attend

An Ontario court recently granted a mother’s request seeking an order that her child attend a specific school for the upcoming school year.   A Special Needs Child The parties separated in 2008. The parties had one child, X, who was 13 years old and starting grade 8 in September 2018. The parties had shared …


Read More
17

Single Mother of Adult Disabled Son Secures Continued Child Support Payments in Precedent Setting Decision

In a precedent setting decision, an Ontario judge has awarded a single mother in Brampton, Ontario monthly payments of more than $500 to care for her disabled adult son for the remainder of his life. Child’s Father Stopped Support Payments The woman’s son was born with Di George Syndrome– a genetic abnormality which results in …


Read More
11

Like it or Not: Forcing the Sale of the Matrimonial Home

The court recently examined the interesting question of whether, and under what circumstances, a party can obtain an order to sell their matrimonial home even when their spouse opposes the sale.   The Parties’ Story The parties were married in 1979, separated and reconciled in 2009 and 2014, and separated for a final time in …


Read More

Contact

Questions? Send us an email

Contact Form - Home
Sending