May 24, 2023 | Family patrimony / assets

Modifying a Court Order that was Rendered in Family Court after Trial

Modifying a Court Order that was Rendered in Family Court after Trial

A court order that has been rendered in family court can be modified under certain circumstances. In Quebec, as in other jurisdictions, there are legal requirements and necessary proceedings in order to successfully modify a court order.

A court order may need to be modified for a variety of reasons. Often a change in the parties’ circumstances, whether it is one or both, will lead to the modification of a court order. A change in the child’s life since the judgment was rendered could also modify support payments. The change must be significant in order for it to lead to a modification of a court order.

A change in a party’s financial situation is another reason why a change would be considered necessary. Furthermore, if there was a mistake in the original court order, it can also be modified or rectified. For example, there could have been a mistake in the original calculation of support payments.

Another example of a change in circumstances would be if the custody arrangements are modified. This could lead to either an increase or decrease in the amount of child support you are receiving or paying, depending on the situation. Also, if the child has finished school and is working, their support payments will often be modified as well.

It is important to note that you cannot decide on your own to stop or reduce support payments. You must follow the necessary procedure to modify the judgment. If you were to stop or reduced your payments you would be in breach of a court order.

In general, you will go to the Superior Court to change child support or spousal support payments and ask the judge to make the modifications. It is important to note that the Youth Division of the Court handles child custody but not support.

You can represent yourself or have a lawyer represent you in court. However, if you have the financial means, it is highly recommended to have a lawyer represent your interests and draft the necessary proceedings.

There are certain situations where you can modify support payments without going to court, for example mediation. If you are able to reach an agreement through mediation, the mediator will draft the necessary documents. If you are able to agree on everything, you do not need to go to court. However, it is possible that you only agree on some points and in that case will not need to address those points in court.

Furthermore, Homologation Assistance Service (HAS) makes it possible to modify support payments for a fixed fee. You can use this service even if you are not considered to be eligible for legal aid because it is open to everyone. In order to benefit from this, you must simply make an appointment with a legal aid office.

Service administrative de rajustement des pensions alimentaires pour enfants (SARPA) is another service that can be used so that you do not need to go to court. You are only required to pay a fee of $50 and will then be able to modify your support payment. Even if you do not completely agree with the other parent, it is sometimes still possible to use this service to change your payment. However, there are some situations where the parents must agree.

The process for modifying a court order that was rendered in family court in Quebec after a trial will often require advice from a family lawyer. Most importantly, the best interest of a child must always be considered when a modification affects them in any way.

https://www.quebec.ca/en/family-and-support-for-individuals/separation-divorce/supportandcustody
https://www.revenuquebec.ca/en/support-payments/life-events/there-is-a-change-in-child-custody/
https://www.revenuquebec.ca/en/support-payments/life-events/change-in-your-financial-situation/
https://educaloi.qc.ca/en/capsules/family-mediation/
https://educaloi.qc.ca/en/legal-news/changing-child-custody-or-child-support-payments-at-little-cost/
https://educaloi.qc.ca/en/capsules/changing-child-support-using-the-sarpa-service/
https://educaloi.qc.ca/en/capsules/changing-child-support-payments/
https://educaloi.qc.ca/en/publications/changing-divorce-judgment/