Can You Change a Parenting or Spousal Support Order After Divorce in Saskatchewan?

Life does not stop when a divorce order is made. A job ends, a parent has to move, someone becomes seriously ill, or a child's needs shift. An order that worked at the time may stop fitting your family.

This article explains in general terms how a Saskatchewan court can change an existing order made under the federal Divorce Act. It covers the tests for spousal support and parenting orders and the steps that usually come first. It does not cover every situation, so a lawyer can confirm how it applies to yours.

This article covers the law of Saskatchewan.

What the court can do with an existing order

Under the Divorce Act, a court may vary, rescind or suspend a support order or a parenting or contact order. Varying means changing its terms, rescinding means cancelling it, and suspending means pausing it.

The court can do this prospectively, meaning from now on, or retroactively, meaning back to an earlier date. Whether a court will go back in time depends on the facts, so do not assume it will.

This article focuses on orders made under the Divorce Act. Child support orders made under that Act must be made in accordance with the applicable guidelines. How this applies to an order made under other legislation depends on your situation, so it is worth confirming with a lawyer.

Changing spousal support

To vary spousal support, the court must be satisfied that there has been a change in the condition, means, needs or other circumstances of either former spouse since the order was made or last varied.

Either former spouse's change can count. It is not limited to the person receiving support. Examples of the kinds of things that might be argued under those headings include:

• A change in income or employment
• A change in health or in living costs
• Other changes in a former spouse's situation since the last order

Whether a particular change is enough depends on the facts and on what the existing order says. A lawyer can help you judge that.

Changing a parenting or contact order

For a parenting or contact order, the court must find a change in the circumstances of the child. The focus is on the child, not only on what has changed for the parents.

Some situations are addressed directly in the Act:

Parenting orders deal with parenting time and decision-making responsibility. Parenting time is the time a child spends in a person's care, and decision-making responsibility covers significant decisions such as health, education, culture, language, religion and significant extra-curricular activities.

Steps that usually come before a hearing

Where an action already exists, an application must be filed at the judicial centre where that action was started. Whether that rule applies to your divorce file depends on your situation, so check your court documents and confirm with a lawyer where to file.

Several other requirements may apply:

• Family dispute resolution: since July 1, 2022, family law matters coming to court in Saskatchewan must attempt a family dispute resolution process by the close of pleadings before moving on. You can apply for an exemption where there has been interpersonal violence, the other parent has abducted a child, or there is other urgency.
• Practice Directive #7: in Saskatoon and Regina it requires a judicial case conference before certain chambers applications. It also lists compliance with the dispute resolution requirement among the pre-conditions to seeking an order.
• Parenting course: parents who have not fully agreed on parenting must complete a parenting course. The Parenting After Separation Program has two online courses, one standard and one for high-conflict families, in English and French.

The Divorce Act also says that, to the extent appropriate, parties should try to resolve these matters through a family dispute resolution process.

What to do next

Before you file anything, it helps to be clear about what has changed and when. Then check what your existing order actually says.

• Find your divorce judgment and any later orders, and note which court location the case was filed in.
• Write a short timeline of what has changed for you, the other parent or former spouse, or the child, with dates.
• Gather records that back it up, such as income documents, medical letters or moving details.
• Try talking or using mediation first, since a dispute resolution attempt is generally required.
• If safety is a concern or the matter is urgent, tell a lawyer, because exemptions may be available.
• Get legal advice on whether your change meets the court's test before you apply.

If you and the other person agree on a change, a lawyer can explain how to put it in a form the court can approve. Whether a private arrangement is enough to change the order depends on your situation, so it is worth confirming with a lawyer before you rely on it.

Frequently asked questions