Material Change in Family Law Agreements
Grey Divorces
February 26, 2024
Compensatory Spousal Support
July 14, 2024
Unforeseen circumstances can arise, prompting the question: when does a change in life situation warrant a modification to an existing court order? This is where the concept of "material change" becomes paramount.
Material change signifies a substantial and enduring alteration in one's circumstances that renders the existing family law agreement inequitable or untenable. Imagine it as a change in your life that will likely influence the court's decision on the initial order.
Material changes must be of a significant and enduring nature. Therefore, fleeting setbacks such as a brief period of unemployment, would not meet this threshold.
Here are examples of situations that may constitute material change:
The onus of proof for material change will rest upon the party seeking the modification. If you believe a material change justifies an alteration of the court order, you'll need to present a compelling case to the judge, demonstrating how your circumstances have demonstrably shifted since the initial agreement.
Consulting with a qualified family law attorney is crucial. At Heft Law, we can adeptly assess your situation and determine if it qualifies as a material change. Additionally, we can advise if mediation is a suitable option for your specific situation. In many cases, mediation can be a successful tool for navigating these life shifts and reaching a fair resolution outside the courtroom.
At Heft Law, our experienced professionals have helped couples mediate win-win resolutions. Contact us now for a no-fee consultation: https://heftlaw.ca/consultation-request/
Material change signifies a substantial and enduring alteration in one's circumstances that renders the existing family law agreement inequitable or untenable. Imagine it as a change in your life that will likely influence the court's decision on the initial order.
Material changes must be of a significant and enduring nature. Therefore, fleeting setbacks such as a brief period of unemployment, would not meet this threshold.
Here are examples of situations that may constitute material change:
- Involuntary Job Loss: If, through no fault of your own, you lose your employment, and more importantly your ability to fulfill spousal support obligations, this could be considered a material change.
- Detrimental Health: A debilitating illness that permanently hinders your earning capacity.
- Geographical Relocation: If the custodial parent seeks to relocate with the children a considerable distance away, this could be a material change, depending on the specific details of the case and its impact on the other parent's access to the children.
- Evolving Needs: A child's needs are not static. As they mature, their requirements for financial support might increase due to educational pursuits or extracurricular activities.
The onus of proof for material change will rest upon the party seeking the modification. If you believe a material change justifies an alteration of the court order, you'll need to present a compelling case to the judge, demonstrating how your circumstances have demonstrably shifted since the initial agreement.
Consulting with a qualified family law attorney is crucial. At Heft Law, we can adeptly assess your situation and determine if it qualifies as a material change. Additionally, we can advise if mediation is a suitable option for your specific situation. In many cases, mediation can be a successful tool for navigating these life shifts and reaching a fair resolution outside the courtroom.
At Heft Law, our experienced professionals have helped couples mediate win-win resolutions. Contact us now for a no-fee consultation: https://heftlaw.ca/consultation-request/
