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Difference between revisions of "Changing Family Law Agreements"
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Changing Family Law Agreements (view source)
Revision as of 19:43, 24 June 2019
, 19:43, 24 June 2019→Setting aside agreements under the Family Law Act
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The ''Family Law Act'' does not provide a specific test to vary an agreement appointing a parent as the guardian of a child. However, under s. 214(3), the court can make an order on different terms than an agreement. | The ''Family Law Act'' does not provide a specific test to vary an agreement appointing a parent as the guardian of a child. However, under s. 214(3), the court can make an order on different terms than an agreement. | ||
Under s. 37(1), when the court is making an order about guardianship, it must do so considering only the best interests of the child. The factors the court must think about to decide what is in the best interests of a child are listed at s. 37(2) of the act | Under s. 37(1), when the court is making an order about guardianship, it must do so considering only the best interests of the child. The factors the court must think about to decide what is in the best interests of a child are listed at s. 37(2) of the act and, when family violence is a factor, also at s. 38. | ||
====Parental responsibilities, parenting time and contact==== | ====Parental responsibilities, parenting time and contact==== | ||
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Section 58(4) says almost exactly the same about agreements for contact. | Section 58(4) says almost exactly the same about agreements for contact. | ||
The factors the court must think about to decide what is in the best interests of a child are listed at s. 37(2) of the act | The factors the court must think about to decide what is in the best interests of a child are listed at s. 37(2) of the act and, when family violence is an issue, also the factors listed at s. 38. | ||
====Child support==== | ====Child support==== | ||
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Section 150 is the section that says how child support is to be calculated, namely that it is to be calculated according to the Guidelines. As a result, the court will set aside the part of an agreement dealing with child support if: | Section 150 is the section that says how child support is to be calculated, namely that it is to be calculated according to the Guidelines. As a result, the court will set aside the part of an agreement dealing with child support if: | ||
*the payor's income has increased, | |||
*the payor's income has decreased, | |||
*one or more children are no longer living mostly with the parent receiving support, | |||
*one or more children are now splitting their time almost equally between the homes of the payor and the recipient, | |||
*one or more children are no longer entitled to receive support, or | |||
*the agreement otherwise provides for an inadequate amount of child support. | |||
====Spousal support==== | ====Spousal support==== | ||