5 Best Vancouver Support Variation Tips are designed to help you understand and successfully navigate changes in support after a trial or a settlement. Vancouver Support Variation Lawyers help clients deal with changes in income, assets, age of ex-spouses and children, health, and re-partnered relationships amongst other material changes. Support variations can include increases, reductions, cancellations of arrears and termination of support.
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Changes are a part of life. Your divorce may be behind you, but eventually, you will reach the point of needing to arrange for a modification of the terms of your divorce orders or agreement. The same applies to issues relating to children, such as parenting schedules, allocation of responsibilities and even relocation of residence. And just when you thought that your separation experience was a one-time headache, you learn that the modification process can be as (or even more) complex, and emotional, as the original dispute. Today top gun senior family law associate, Tal Wolf provides his 5 Best Vancouver Support Variation Tips.
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The first thing to keep in mind, though, is that the changes need to be quite significant to obtain a modification, known as a “variation” in British Columbia family law. Substantial changes may be based, for example, on:
- An accident or injury
- Increase or decrease in the income of either party
- Loss of job
- New job
- Child or parent requires special medical treatment
- Somebody needs to move
- Somebody has a new partner or spouse
The Vancouver support modification or support variation lawyers at MacLean Family Law will help you to navigate these issues efficiently and effectively in order to obtain the adjustment required. We understand that changes in life can have real impacts on your finances, and on your children.
5 Best Vancouver Support Variation Tips
What if there is a child support order and you just can’t afford it despite your best efforts? Don’t just dig yourself a deeper hole. Let us help you to get that order changed. In the meantime, here are our 5 Best Vancouver Support Variation Tips
Here are 5 things you should do:
- Take action: The more payments you miss, the more money you’ll need to catch up. Remember, the court expects you to make child support payments in full until you get your order updated formally.
- Talk to the other parent: This doesn’t always work, but if the other parent signs off on a variation, it will be easier to get the court to do the same.
- Keep making payments: Even if you can’t make your child support payments in full, pay as much as you can. This will show the court that you’re trying, and it will keep the amount of arrears down to a minimum.
- Document your financial change: Be prepared to prove all of the changes to your financial picture, such as a job loss or pay reduction.
- Give the support recipient a heads-up: If you start making only partial (or no) payments to the other parent, they complain to the court that they were damaged by virtue of having no notice of the reduction. For example, they could argue that without having a fair opportunity to make alternate arrangements they were forced to miss a rent payment, or a debt payment resulting in fees, interest or even an eviction. If you are in touch with the recipient, let them know as early as possible about the anticipated change. If you are estranged, your lawyer can send a letter.
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Remember, when you petition the Court for a variation the other side typically will take the opportunity to enforce any arrears against you, and to seek penalties and costs. They also may try to show that your income is actually “higher” than you have disclosed, for example, if you are running a business or if you’ve had other non-standard income streams. The legal team at MacLean Family Law will help you to avoid or minimize the risks of this double-edged sword. After all, support orders are supposed to be fair and proportionate, not oppressive or debilitating.
We hope these 5 Best Vancouver Support Variation Tips have helped you understand the rules, tips, and traps so you have every chance of success on your Vancouver support variation case. You can meet with us across BC and in Calgary Alberta at our Vancouver, Richmond, Surrey, Kelowna and Fort St John/Dawson Creek offices.
