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Court Order and Agreement Modifications

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Sometimes your court order or agreement is out of date.

Circumstances change in your lives. Children grow older, people get new employment, lose old employment, or have unforeseen things happen to them. 

Here are some scenarios from our case files:

  1. Changing the parenting time:  In one case a child was only four months old when the parenting time was determined by the court. She is now almost nine years old and wanted to spend more time with her Dad. The court ordered equal parenting time on a week on and week off basis.  
  2. Increasing or reducing spousal support:  In one case the husband made an agreement to pay his ex-spouse support based upon an income of $380,000. His income was reduced to $80,000 through no fault of his own. Because the parties did not reach an agreement, he went to court. The court ordered a significant reduction in his support payable. 
  3. Reducing or canceling maintenance arrears:  In one case the father failed to show up to court when the court ordered him to pay maintenance. Although he was served with the court documents, he failed to show up to court, not understanding that it was important that he appear. The judge made an order based upon a much greater income than he was earning. As time went by, he owed thousands in arrears of child support. We applied to the court and had the arrears reduced to $1.00. 
  4. Clarify expenses for a child:  In one case, the father was supposed to pay for special expenses for the children. The special expenses the mother was asking for were legitimate in part. In other ways they were not. Essentially, she was asking for too many expenses to be covered. We went to mediation/arbitration and resolved the entire matter by way of agreement during mediation. 

It is in these kinds of circumstances it makes sense to have a court order modification or review. 

However, just because things have changed, or you want to change your order or agreement, it does not mean that you will necessarily succeed in your application.

Each case is different, based upon the circumstances, and unique facts. 

At Pathway Legal, we suggest that a good rule of thumb is before applying for a court-ordered modification or review, make sure that a significant change in your life has occurred before you proceed. 

If you are someone who wants advice about modifying a previous court order, or separation agreement, Pathway Legal is here to help. 

The whole team at Pathway Legal has your back. We will guide you and your changing family’s circumstances to the new beginning you deserve.

This article is for general informational purposes only and does not constitute legal advice. Family law is fact-specific and the law changes. Reading this does not create a lawyer-client relationship with Pathway Legal. For advice about your situation, consult a qualified BC family law lawyer.