You can apply to change, or ‘vary,’ your court order if you have a material change in circumstances. This means that something important in your situation, the other party’s situation, or your child’s situation, has changed since the last court order, and you need to change something in the order as a result.

Generally, the same process applies for changing an order as it does for getting an order in the first place.

If you have a court order that you want to apply to change (vary), you use the same basic rules around where to apply as if you have never had an order before. Where you file your court application will depend on what issue you are applying to deal with, and where you, the other party, and perhaps the children, live. It may also depend on whether or not you were divorced from the other party. The Supreme Court (Family Divisions) and the Family Courts operate using different sets of court rules, and may view jurisdiction differently.

For a variation application to succeed (an application to change a court order), you must be able to show that there has been a material change in circumstances.

Family Law - Question #9

I already have a child support order. How do I change it?