Can You Change an Unfair Agreement on Child Support or Spousal Support?

The law treats changes to child support and spousal support quite differently.  But, either one can be changed in the right circumstances.  That can definitely fix and unfair agreement.


children deserving a fairer agreement on child support

Child support is supposed to be reviewed, and changed, every year based the situation of the parents and the children.  Section 14 of the Child Support Guidelines states that any change in circumstances that would change the amount of child support by any amount justifies a court making an order to change the amount of support.  Sections 25 and 25.1 of the Child Support Guidelines require support payers to provide income information every year.  The combined effect of those provisions is that Child Support can be changed every year.  On top of that, section 14 of the Child Support Guidelines also provides that changes in circumstances of the children also justify a change in child support - that could include just about any situation where the child support agreement appears unfair to the children.  In fact, family court judges will want to change a child support agreement if it appears to be unfair to the children.


Spousal support is a little different.  Generally, courts like to hold separated or divorced spouses to their agreements - otherwise the courts would be full of ex-spouses wanting to fight out the same issues over and over again.  However, there is room for the court to intervene to fix an unfair agreement. 


Section 56(4) of the Ontario Family Law Actseparation agreement in divorce says that a Family Court can set aside the agreement if either side did not understand it (courts assume that each side needs independent legal advice to understand a separation agreement), if each side did not disclose significant assets or liabilities (which can include a proper valuation of the business), or if there are other problems under the law of contract (which may include duress, unequal bargaining power or other problems in the negotiations).  If any of those situations sound like they might apply to you, you should consult with a family lawyer right away. 

 

To learn more about the requirements to have an enforceable separation agreement, and the reasons why you can have a separation agreement thrown out, read this page.

Ontario Family Law Podcast - Episode 16 - How to conduct the Family Law Trail

 

Under the there terms of your agreement, you may also be able to ask a court to change the spousal support terms.  Some agreements specify when, or under what circumstances, a party can change the support terms.  When an agreement says you can change support, you can go ahead and seek a change in support if you  If the agreement does not say when you can change spousal support, then you can change the support under an agreement if you have had a significant or large change in circumstances. To find out how to do that, watch this video on changing a spousal or child support order or agreement.

 

To understand better whether your agreement was fair, or whether you should have gotten a different amount of support, or what amount of support you should expect if you seek a change in support, you should listen to this podcast on spousal support or this podcast on child support  (the first in a series of podcasts, or watch this video on spousal support.  Below is a video to help you understand if your child support is the right amount.

 

Guide to the Basic of Ontario Family Law (Book)

 

iBookstore_140x70

There is also a lot more on spousal support, how to get it, and how to change it, in this easy-to-understand $20 book on Ontario Family Law (that is very highly reviewed.)

 

But, as noted above, the best way to ensure you are treated fairly, and you protect your rights, is to speak to a good family lawyer who can make sure that your ex, or a family court judge, sees things your way.  Make an appointment immediately with Certified Specialist in Family Law, Toronto Divorce Lawyer, John Schuman, by calling 416-446-5847, emailing him or using the contact form below.  You can also use the contact form to comment on this page.

Guide to the Basics of Ontario Family Law Available on Kindle


If you found this page helpful, please do not keep it to yourself.  Share it on your social network using the buttons on the bottom of the page.


Comments:

Jerry Reiss - Actuary at EBC

It is quite different here in Florida. Child support is based on guidelines. An agreement where the spouse pays too little may not be enforceable because the only way to depart from guidelines and pay less if the court were to make specific findings why paying less is in the best interest of the child. But it may be modifiable anyway upon a showing of a substantial change in circumstances and the burden is the same whether by agreement or by court order. Not so for alimony where the burden is higher by agreement. Changing permanent things such as property is extremely difficult and generally requires proving fraud. There is a difference between a mistake and a lie as well as between a lie and fraud and to use anything less than fraud requires showing that you were not represented at any time during the proceeding and not provided discovery. Only when those conditions can be met will an unfair agreement procured by overreaching work as a remedy. We have moved a long way in family that gives marital contracts almost parity with all other contracts.


Contact Form:



© John P. Schuman 2014