This is the format of mine which is amended on a yearly basis (its for Child Support based on a shared custody arrangement - so the offset amount):
Amendment to the Separation Agreement Executed on (date of original agreement)
BETWEEN: (Insert Name of Party A) and (Insert Name of Party B)
Court File Number: (If there is one)
This Amendment is made and entered into effect as of (insert date), by and between (Insert Name of Party A) and (Insert Name of Party B).
(1) (Insert Name of Party A) and (Insert Name of Party B) agree that Section [insert number] of the Separation Agreement executed on (insert date of original agreement) is hereby deleted and replaced in its entirety with the following:
[Insert Section number] The parties agree that (Insert Name of Party A) annual income is (insert amount) per year as at the date of the execution of this Amending Agreement and (Insert Name of Party B) annual income is (insert amount) per year as at the date of the execution of this Amending Agreement. (Insert Name of Party A) monthly child support obligation (Child Support Guidelines $amount/month) minus (Insert Name of Party B) monthly child support obligation (Child Support Guidelines $amount/month) equals $amount per month in child support.
Accordingly, the amount of child support (Insert Name of Party A) is to pay to (Insert Name of Party B) per month by means of post-dated personal cheques is $amount commencing on (insert date), and on the first day of each month thereafter, which is variable in the event of material change in circumstances with either party and reviewable each year.
(2) Except, as explicitly set forth above, the terms and conditions of the Separation Agreement Executed on (insert date) shall remain in full force and effect, unmodified in any way.
(3) Independent Legal Advice:
(Insert Name of Party A) and (Insert Name of Party B) acknowledge that he or she:
a) has carefully read the Agreement in its entirety and has full knowledge of the contents;
b) has had independent legal advice and that the Agreement has been fully explained to them by their lawyer(s), or in the event that either party has not retained a lawyer that they understand all of its terms and provisions;
c) has had disclosure of all requested material required to understand the nature and consequences of this Agreement;
d) understands his or her respective rights and obligations under this Agreement and the nature and consequences of this Agreement;
e) is signing and executing this Agreement voluntarily and without duress, any undue influence, fraud or coercion whatsoever and with full knowledge and understanding of the economic circumstances of the other party and of the provisions contained herein; and
f) acknowledges that said provisions in their opinions are fair and reasonable to both parties and their children.
TO EVIDENCE THEIR AGREEMENT, (Insert Name of Party A) and (Insert Name of Party B) have signed this Agreement before a witness.
SIGNED, SEALED & DELIVERED
this ___ day of ________, 20__ in the presence of
(Witness Name and Signature)
(Insert Name of Party A and Signature)
SIGNED, SEALED & DELIVERED
this ___ day of ________, 20__ in the presence of
(Witness Name and Signature)
(Insert Name of Party B and Signature)
