The Courts Analyze "Material Change" – Again

The court (again) explores - What constitutes a material change in the recent Court of Appeal decision, Licata¹. In order to bring a motion to change before the court, to change a final order, there must be a "change in circumstances", since the last order (dealing with support) was made.² The change in circumstances can be from "any change in the condition, means, needs or other circumstances of either spouse or of any child who is entitled to support".³

It is important to know that if you file a motion to change support, you MUST demonstrate that a material change of circumstances was not contemplated by the parties when the existing final order was made. Furthermore, you must show that if such a change had been known, at the time the final order was made, it "would likely have resulted in different terms".⁴