Child support agreements and Orders are crucial in ensuring the well-being of children after the separation or divorce of their parents. However, as the child’s circumstances change over time, these agreements and Orders may need to be modified. In Calgary, modifying these documents should be done formally to ensure that both parties know the new arrangements and to reduce potential strife between them. This blog addresses how to proceed in making the necessary modifications.
Understanding the Need for Modifications
The first step in altering a child support agreement or Order is recognizing why the change is necessary and is it a change that is “material.” In other words, a significant change that affects a child. Examples of material changes could include changes in either parties’ income, employment status, living arrangements of either parent, an important change in the child’s life such as a transition from kindergarten to elementary school, changes in needs of the child, or changes in section 7 expenses. It’s essential to document these changes thoroughly as they form the basis for negotiating, making or requesting a modification from the Court.
Attempting to Reach New Terms in an Agreement or Order
The Court requires parties to participate in some form of alternative dispute resolution prior to being able to bring a Court application. This can take many forms, including a four-way meeting between counsel and the parties, private mediation or mediation/arbitration, or Court-assisted mediation (called a Dispute Resolution meeting or an Early Intervention Case Conference) or mediation/arbitration (called Judicial Dispute Resolution). Modifications work best when the parties can reach an agreement themselves as opposed to having some unrelated Third Party (either privately hired or the Courts) impose terms upon them.
If parties have a Separation Agreement, they can draft an amendment to this document with such mandatory schedules as may be legally required, and then this should be followed up with the filing of a Consent Order codifying the terms of the modifications. If they do not have a Separation Agreement or also have an existing Order in place, amendments can be made by consent and the filing of a revised Order with the Court.
Drafting Revisions to an Agreement or existing Order
When drafting a new agreement and/or revising an existing Order, ensure that it is abundantly clear what paragraphs are being amended and that they are written in plain language that is easy for anyone reading it to clearly understand. If amending child support provisions, it is recommended that you consult with a child support lawyer during this process to ensure that the wording also complies with Canadian family law and adequately addresses the entitlements of the child to financial support.
Filing the Revised Order with the Court
Any Order that revises a previous one must be filed with the Court as this provides that it will be legally enforceable. In the case of revisions that affect child support, if your original Order was registered with Alberta Maintenance Enforcement, then you must also provide that organization with the revised, filed Order so that they may update their records.
Applying for a Court-Ordered Modification
If the parties have already attempted some sort of mediation but it was unsuccessful, one party may need to apply to the court for a modification of the existing agreement and/or Order. This involves filing an application that is supported by an affidavit that outlines evidence of the material change of circumstances that justify the modification. The other party will be given an opportunity to respond to the application before the hearing date that will be set.
Attending the Court Hearing
Once the application is filed, the Court will schedule a hearing where both parties can present their various positions with regard to the modifications. During the hearing, the judge will consider the evidence and arguments from both sides before making a decision; keep in mind that the judge’s primary concern is the best interest of the child, and the decision will reflect this principle.
Receiving the Court’s Decision
After the hearing, the Court will either issue an immediate decision regarding the modifications sought or reserve a decision; in which instance the parties would be required to return to Court on another occasion for that decision. If the Court grants the modification, a new Court Order will be issued, reflecting the changes, and both parties must then comply with the new terms.
Partner with a Child Support Lawyer in Calgary
Modifying a legal agreement or Order in Calgary involves a structured process to ensure that changes are legally justified and in the best interest of the child. Whether through mutual agreement or Court intervention, it’s essential to approach the modification with thorough documentation and, preferably, legal guidance.
Know that the experienced and dedicated team at McLean Legal Family Lawyers is committed to assist you with all family matters including, child support, separation agreements, and other concerns. Contact us today to schedule a consultation, and together we can explore your options.
There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.