After the court has issued an order that has not been appealed, the order will remain in effect. If there has been a significant change in circumstances, one of the parties may apply to vary the custody, access or support provisions of an order.
In some circumstances, one party may be able to apply to set aside or vary the terms of the property division in an agreement. This is a difficult test, so you should contact the lawyers at Quay Law Centre to discuss your particular circumstances. We offer experienced representation in all matrimonial and related legal matters.
Maintenance Order Variations
There are several steps involved in applying for a variation to change a child support, spousal support, child custody, access or guardianship order. To avoid a denied variation application, seek legal counsel from an experienced family lawyer. A judge will only approve a variation if it complies with certain guidelines under the Divorce Act or the Family Law Act, depending on which act your order was based upon.
Eligibility
Two tests of eligibility must be met for a successful application for variation.
- Change in circumstances: To be eligible for a variation, you must have experienced a material change in circumstances. Variations are typically granted based on changes to one party’s or both parties’ financial or marriage status, disability or another substantial change.
- Comparison to the original order: You must be able to show that the existing order would have been different if the circumstances that exist today had been in effect at the time the original order was made.
If you or your former spouse does not live in British Columbia, standard family law rules will not apply. These cases are more complicated and require advice and guidance from a knowledgeable family law lawyer.
Enforcement of Court Orders
We also represent clients in enforcement of court orders pertaining to child support, spousal support and child custody. Whether you are not receiving payments or are not being given access to your children, we can take action on your behalf.
To schedule a consultation, contact Quay Law Centre at 604-527-1161. From our multiple offices, we represent clients in the Metro-Vancouver area, including Surrey, Fraser Valley, Tri-Cities, Burnaby, Kelowna, and any other area throughout B.C., Canada and internationally.