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  • How to initiate review

    Hello everyone!

    I have been divorced now for a number of years. The court order for my case lists child support as the table amount and spousal support at a fixed amount which can be reviewed in 3 years. These 3 years have already passed but her situation is still basically the same. I want to initiate a review order but I do not know where to begin. I have looked at the motion to change order but from what I can see there has to be some financial reason for the change, whereas I know that if a timeline for review has been given, a financial reason is not required.

    Help?

    -misterj

  • #2
    If things are the same then do you want a change? If so, why?

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    • #3
      There's not really anything called a "review order". It just means that after 3 years the issue is open for discussion and adjustment, perhaps mediation.

      If the review discussions indicates a change in the order is needed, then the parties file a motion to change, hopefully on consent.

      As for a contested motion to change, the material change is circumstance is simply that the review date has lapsed and the issues should be revisited. You'll need to redo financial statements among other things.

      Eventually the change in circumstances will be that spousal support has been according to the SSAG for X years and circumstances XYZ have occurred (ie kids are all in school full-time) and as such the other party has been compensated sufficiently and should be self sufficient going forward.

      Comment

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