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Difference between revisions of "Changing Family Law Orders, Awards and Agreements Involving Spousal Support"
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Changing Family Law Orders, Awards and Agreements Involving Spousal Support (view source)
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==Changing final orders for spousal support== | ==Changing final orders for spousal support== | ||
A ''final order'' for spousal support is an order made following | A ''final order'' for spousal support is an order made following a trial or made by the agreement of the parties as a settlement of the proceeding. Changing an order is called ''varying'' an order. | ||
In general, a final order is just that, final. Without an appeal, a final order represents the end of a court proceeding and cannot be changed. This rule is applied a little less strictly in family law proceedings, and someone who wants to vary a final order for spousal support must be able to show that there has been a serious change in circumstances since the final order was made. | In general, a final order is just that, final. Without an appeal, a final order represents the end of a court proceeding and cannot be changed. This rule is applied a little less strictly in family law proceedings, and someone who wants to vary a final order for spousal support must be able to show that there has been a serious change in circumstances since the final order was made. | ||
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==Remarriage== | ==Remarriage== | ||
Similarly, there is a common assumption that support ends when the receiving spouse remarries or | Similarly, there is a common assumption that support ends when the receiving spouse remarries or has lived with someone else in a marriage-like relationship for a couple years. Certainly, this is often the case—but not always. Remarriage or re-partnering is often a material change in circumstances, but that is not the end of the analysis. Especially where, in granting the original order the court found significant compensatory grounds for entitlement, the support obligation may be reduced, but not cancelled. | ||
