Contents

Government

Ministry of Justice

How can I change my current spousal support order or agreement?

We strongly recommend that you get legal advice before you make any changes to your agreement or ask for a new court order.The process for changing a spousal support order or agreement depends on whether you and your former spouse are in agreement about the change.

If you agree

  • If you have a spousal support order from the Provincial Court, and you both agree to change it, go to the court that made the original order and ask court staff to provide you with the appropriate forms and instructions. In most cases, the change can be made without a court hearing.
  • If you have a spousal support order from the Supreme Court, and you both agree to change it, you can draft your own change forms, following exactly the information provided in the Supreme Court (Family) Rules, available online. However, the Supreme Court process is complex. Please see court staff for more information, and you may also want to talk to a lawyer. Like Provincial Court, in most cases, the change can be made without a court hearing.
  • If you have a spousal support agreement, rather than a court order, and you both agree to change it, you can either revise the existing agreement or write a new one.

If you do not agree

If you and the other parent do not agree - for example, you want to change the existing order or agreement but your former spouse does not - there are people who may be able to help. They include family justice counsellors and private mediators.

If, after mediation or counselling, you still cannot agree to change your order or agreement, you will need to apply to the court and ask a judge to change it. (To find out more about the court process, please see our section called If You Have to Go to Court.)

To find out more about the court process, please see our web site sections called If You Go to Provincial Court and If You Go to Supreme Court.

Once your order or agreement is changed

You may want to enroll your new order or agreement in the Family Maintenance Enforcement Program. The FMEP can then monitor and enforce it for you if necessary - if your former spouse is late in making payments, for example, or refuses to pay.