Sometimes certain provisions of a final court order or separation agreement need to be changed in order to reflect a material change in circumstances that has occurred.
A material change in circumstances may include, but is not limited to, the following:
- cessation of child support;
- child commencing university;
- significant increase or decrease in the payor's income;
- birth of the child in the payor spouse's second marriage;
- the discovery of a permanent disability in payor or payee;
- financial change in circumstances;
- retirement of payee or payor;
- payee not making reasonable efforts to become employed;
- remarriage of payee, payor or both.
The above are examples of circumstances which may lead to potential variation in support; however, each case is based on its own facts.
The current agreement may also allow a review of certain terms.
The lawyers at Simpson Taseer can assist you with determining whether a variation of a court order or separation agreement is necessary or possible and assist in negotiating a new agreement or court order and assist you with any review of the agreement.
