POST DIVORCE MODIFICATION & ENFORCEMENT
POST-DIVORCE MODIFICATION & ENFORCEMENT
No divorce settlement is going to provide a perfect solution forever. As your life changes, your plan can change to better suit the needs of your family.
While great care can be taken in arranging matters ofyour circumstances may change – which may require the divorce agreement to change accordingly. In these cases, you need a post-divorce modification, which is a legal change to your prior court order.
Post-Divorce modification can be done by filing the necessary forms in the court house.
a Consent Motion to Change (if you and your ex-spouse are in agreement with the proposed change); or
a Motion to Change (if you and your ex-spouse are not in agreement and you (petitioner) are the one proposing the change).
Some common situations where you may need to request the Ontario court to modify its initial orders are:
- Child Custody: If an issue arises that makes it difficult for you to cope with your child’s basic needs and affects their wellbeing, the court can review and change both visitation and child custody.
- Child Support: If any change in your circumstances causes financial burden, you may ask the court recalculate the payments.
- Relocation: If a custodial parent has to relocate because of their new job or any other reason, they will need to get an approval from the court in order to ensure it doesn’t affect the visitation rights of the ex-spouse.
- Spousal Maintenance: After the divorce settlement, it is a rare occurrence that spousal maintenance is adjusted in favor of the recipient spouse. However, it may be changed if they get remarried.
In order for the court to grant a modification to any of these orders, the petitioner must prove there have been significant changes in the life of one or both parties, and that those change are long-term changes.
ENFORCEMENT AND CONTEMPT
Sometimes, a former spouse intentionally neglects his or her responsibilities concerning court orders.He or she may abruptly stop paying alimony, child support, visitation rights or other court-ordered financial obligations. They may have to appear before the court to explain why. Whether you are the party seeking to enforce a decree or the one accused of noncompliance,
Need A Post-Divorce Modification and /or Enforcement?
At Highclass Family Law, we offer effective legal counsel and representation services to clients regarding support and custody enforcement matters. If your ex-spouse is not complying with any point of the divorce decree, we can help you take the necessary measures for petitioning the court to review this matter.
In addition, if you are being falsely accused of violating the divorce decree, we can help you in this respect and defend your position. We will work with you closely to get the best possible outcome for your particular situation.
Contact Us For More Information.
Highclass Law, is based in Toronto, Ontario, and serves clients in surrounding areas. To arrange a consultation with our highly experienced lawyer, call 416.444.4252 or send us an email