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A: The simple answer is yes.

Generally speaking, spousal support orders are made taking into consideration the parties most up-to-date income information available at that time.

Unlike the Child Support Guidelines, the Spousal Support Advisory Guidelines do not include an annual obligation to provide income information and review the quantum of support.

As such, it is common for parties to continue abiding by the current support order without reviewing it on an annual basis.

Oftentimes, it is not until there is a material change of circumstances, that a review is triggered.

A material change of circumstance means that your situation has changed so much so that your court order needs to be changed.

In the context of spousal support, this could be that the payor loses their job and can no longer pay the spousal support agreed on, the recipient starts earning more money and the payor wants to reduce or end spousal support, or the recipient should now be self-supporting, just to name a few reasons.

Section 37(2) of the Family Law Act states that “if the court is satisfied that there has been a material change in the dependant’s or respondent’s circumstances or that evidence not available on the previous hearing has become available, the court may,

(a) discharge, vary or suspend a term of the order, prospectively or retroactively;

(b) relieve the respondent from the payment of part or all of the arrears or any interest due on them; and

(c) make any other order under section 34 that the court considers appropriate in the circumstances referred to in section 33.

Often times, if there has been a material change in circumstances that may constitute a change in the amount of spousal support owed, lawyers will suggest that the parties exchange up to date income information to determine what if any change needs to be made.

Once up to date income information is exchanged, calculations can be done to determine the change.

If it is determined that the quantum of support needs to be varied, and the parties both agree with the variation, they may jointly file a Consent Motion to Change to have their support order adjusted.

If the parties do not agree on the proposed change, the party seeking the change would need to bring a ‘motion to change’ to explain the material change in circumstance and the requested alteration.

The other party would be given an opportunity to respond and then the matter would proceed through court on the regular track.

It is important to note that all support orders are sent to the Family Responsibility Office (FRO) for enforcement.

If a new order is issued varying support, it will be sent by the court to FRO.

The FRO will enforce the order, meaning that support will be paid through FRO unless the parties both agree to withdrawal.