74. (1) In this rule,  “originating document” means the notice of motion and affidavit in support of a motion for a variation order, the application and notice of hearing in an application for a variation order or the answer in which a respondent asks for a variation order; “responding document” means an affidavit in response to a motion for a variation order, an answer in an application for a variation order or a reply to an answer in which a respondent asks for a variation order; “variation motion or application” means a motion or application in which a party asks for a variation order; “variation order” means an order that discharges, varies or suspends a custody or access order or current payments, arrears or interest under a support order. (2) In a variation motion or application, each party shall serve on every other party a financial statement in Form 9 and file it with proof of service. (3) An affidavit in support of, or an originating document in, a variation motion or application shall set out, (a) the place of ordinary residence of the parties and the children; (b) the current marital status of the parties; (c) particulars of the change in circumstances relied on; (d) particulars of current custody and access arrangements and of any proposed change; (e) particulars of current support arrangements and any proposed change; (f) in a variation motion or application in respect of a support order, whether the support order was assigned and any particulars of the assignment known to the party asking for the variation order; and (g) particulars of any efforts to mediate the matters in issue or of any assessment in relation to custody or access. (4) In a variation motion or application in respect of a support order that has at any time been assigned in accordance with subsection 20.1 (1) or its predecessor of the Divorce Act (Canada) or subsection 34 (3) of the Family Law Act or its predecessor, (a) the party asking for the variation order shall also serve the assignee of the support order with the party’s originating document and financial statement; and (b) the other party shall also serve the assignee with that party’s responding document and financial statement. (5) On serving the parties with a notice stating that it has a financial interest in the variation motion or application and filing the notice with proof of service, the assignee becomes a responding party or respondent to the extent of its financial interest. (6) The assignee is not required to serve a financial statement. (7) If the party asking for the variation order does not serve the assignee as required by subrule (4), the court may at any time, on motion by the assignee on notice to the parties to the variation order, set aside the variation order so far as it deals with an issue in which the assignee has a financial interest. (8) On a motion referred to in subrule (7), the burden of proving that the variation order should not be set aside is on the party who asked for the variation order. (9) If the variation order is set aside, the assignee of the support order is entitled to solicitor and client costs of the motion to set aside, unless the court orders otherwise. O. Reg. 429/97, s. 1.