My former spouse/partner’s income has increased dramatically. Can I go to court and get an order to increase his spousal support payments?

Yes. You may bring an application to vary an existing order when your former spouse or partner's income increases dramatically.

The court will consider whether there has been enough of a “change in circumstances” to warrant an increase in support payments. They will also consider whether an increase will further the objectives of spousal support. Once that is determined and entitlement is found then the court may choose to order a new amount by inputting the relevant information into the Spousal Support Advisory Guidelines and then considering other relevant factors OR the court may choose to order another amount that is fair given the circumstances. The obligation of spouses to support one another justifies a variation in a pre-existing order whenever there is an increase in the paying parent’s income.

If instead you and your former spouse/partner have decided to arrange support in an agreement then you may change the agreement. Ensure that the change is consented to, signed and witnessed. Once you have changed the agreement ensure that you file it with the

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