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  • Variation on a Temporary Order/Agreement

    With respect to temporary orders, is it possible to bring forward a motion to change a temporary order as opposed to a final order? There have been some material changes in circumstances related to income (wife is earning more, I am earning less) and a trial is months away. Her lawyer has suggested that a variation on an order motion can only be applied to a final order, but this seems at odds with common sense when material change can be demonstrated.

    Any thoughts or advice?

  • #2
    Originally posted by Murphy1969 View Post
    With respect to temporary orders, is it possible to bring forward a motion to change a temporary order as opposed to a final order? There have been some material changes in circumstances related to income (wife is earning more, I am earning less) and a trial is months away. Her lawyer has suggested that a variation on an order motion can only be applied to a final order, but this seems at odds with common sense when material change can be demonstrated.

    Any thoughts or advice?
    If a trial is months away, then I don't see much point. At upwards of $400 an hour for a lawyers time, it would probably cost more than you would save.

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    • #3
      Self-representing for 4 years - no lawyer required

      Still curious though if this is true - can you not bring a motion to change on a temporary agreement?

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      • #4
        Originally posted by Murphy1969 View Post
        Self-representing for 4 years - no lawyer required

        Still curious though if this is true - can you not bring a motion to change on a temporary agreement?
        I'm not a lawyer, but wouldn't you have to go to a new temp order?

        A motion to change, as far as I am aware, is on a final order.

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        • #5
          I'm not a lawyer and I'm from Quebec.

          Tempororay/Interim Orders are non-prejudicial which means they have no legal value and are just in place to settle a dispute till a proper hearing takes place (protect the rights of the party). They ARE not considered as "Things that have been Judged" - financial aspects ESPECIALLY can theoretically be revised at regular hearings (With witnesses etc....).

          Since this is a financial matter, at the final hearing you ask that the support payments be retroactively be adjusted for her income since date X - also ask for disclosure on her income etc...

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