If you, as a recipient or payor of spousal support in Alberta, want to change the amount of support you receive or pay, then the court will require you to provide documentation of your income and expenses. The documents needed to obtain a variation of spousal support are much the same as the documents needed to obtain a variation of child support, which we discussed in a previous post.
The court may ask for proof of the following:
- Your income for the current year
- Tax returns and Notices of Assessment for the past three years
- A copy of the order you want changed
If the order or agreement was made somewhere other than Alberta, then a certified copy of the order must be obtained. The court will generally not accept a non-certified photocopy of the order. You or your lawyer can contact the court where the order was made to get a certified copy.
Indeed, where the order was made, where the other party lives, and whether the order was made under the Divorce Act or the Family Law Act will determine how you should proceed with your request for a variation of support. If you have questions about these matters, then a lawyer with experience in spousal support claims can explain your options and help you pursue a favourable outcome.
The amount of spousal support paid is negotiable, and changes in spousal support orders are appropriate in many situations. To learn more about your options as a payor or a recipient, please visit the Calgary spousal support overview of Kirk Montoute LLP.