Introduction
Child support orders aren’t set in stone. Life changes—jobs come and go, incomes rise or fall, and children’s needs evolve. When circumstances shift, so can your obligations or entitlements. In Ontario, the legal process to adjust existing child support orders is called a Motion to Change Child Support. Whether you’re paying or receiving support, understanding how this works is crucial for protecting your rights and your child’s well-being.
But hang on—a Motion to Change Child Support isn’t just about filling out forms and hoping for the best. The court expects you to follow the rules, provide solid evidence, and show that the change is necessary. That’s where expert legal guidance can make a world of difference.
So, what does it take to succeed with a Motion to Change Child Support in Ontario? Let’s dig in, break down the process, and answer the questions you’re probably already asking.
What Is a Motion to Change Child Support in Ontario?
A Motion to Change Child Support is the formal court process used in Ontario to alter an existing child support order or a written agreement (that’s been filed with the court). This legal mechanism allows for changes in:
- The amount of child support paid
- The way support is calculated (e.g., changes to income or custody arrangements)
- The terms of payment (frequency, method, etc.)
- Special or extraordinary expenses (Section 7 expenses)
You can bring a Motion to Change whether your previous order was made by a judge after a trial or hearing, or by agreement (so long as it’s filed with the court).
A successful Motion to Change doesn’t happen just because you ask—the court needs to see a valid reason, usually called a “material change in circumstances.” More on that in a bit.
When Can You Bring a Motion to Change Child Support?
Great question! You can’t just file for a change on a whim. Ontario law requires a material change in circumstances. Here are some scenarios where a Motion to Change Child Support might be appropriate:
- The paying parent’s income has gone up or down significantly
- The child moves from one parent’s home to the other (change in parenting time)
- The child turns 18 but is still in school or dependent
- There’s a new child support table amount due to updated guidelines
- Special expenses (like medical or educational costs) change
- The recipient’s financial circumstances shift (e.g., job loss, new partner)
- The child’s needs change (health issues, extracurriculars, etc.)
If you’re not sure whether your situation counts, a consultation with a family lawyer can help you avoid wasted time and money.
What Counts as a Material Change in Circumstances?
A “material change” means something significant and relevant to child support has happened that wasn’t expected when the original order or agreement was made. The change must:
- Be substantial (not minor or temporary)
- Affect the child’s needs or the payor’s ability to pay
- Not have been anticipated at the time of the last order
Examples of material changes:
- Job loss or significant decrease/increase in income
- A child develops a medical condition requiring extra costs
- The child’s living arrangement changes (i.e., more time with one parent)
- The child graduates, starts working, or becomes independent
- There’s a change in the federal Child Support Guidelines
NOT material changes:
- Minor fluctuations in income
- The payor voluntarily quitting a job or becoming underemployed
- Disagreement with the original order without any new facts
If you’re in doubt, err on the side of caution and seek legal advice.
How Does the Motion to Change Process Work?
Ready to roll up your sleeves? Here’s how to tackle a Motion to Change Child Support in Ontario, step-by-step:
1. Identify the Order or Agreement You Want to Change
Locate your current court order or written agreement (filed with the court) that sets out child support. You’ll need the court file number and details from this document.
2. Complete the Required Forms
- Form 15: Motion to Change – This is your main application, stating what you want to change and why.
- Form 15A: Change Information Form – Details about the children, parents, and the changes sought.
- Form 13: Financial Statement – Required if you’re asking to change the amount of support, or if financial disclosure is needed.
Pro tip: Fill these out completely and truthfully. Missing info can delay your case or get it thrown out.
3. Gather Supporting Documents
- Income tax returns and notices of assessment (past 3 years, if possible)
- Recent pay stubs or proof of income
- Evidence of new expenses (e.g., receipts for medical costs, childcare, etc.)
- Documents showing the change in circumstances (termination letters, new employment contracts, etc.)
4. File the Forms with the Court
Take your completed forms and supporting documents to the courthouse where your original order was made. You can also file electronically through the Ontario Family Law Portal.
5. Serve the Other Party
You must serve the other parent (or their lawyer, if they have one) with a copy of everything you’ve filed. Service must follow the Rules of Family Law—usually by personal service, but check the rules for alternatives.
6. File Proof of Service
After serving, complete and file an Affidavit of Service (Form 6B).
7. Wait for the Response
The other party has 30 days (in Ontario) to respond, using their own forms:
- Form 15B: Response to Motion to Change
- Updated Financial Statement (if relevant)
8. Attend Court (Case Conference, Motion, or Hearing)
The court will schedule a conference or hearing to review the documents, ask questions, and see if you can agree. If not, a judge will decide.
9. Finalize the New Order
If the court approves the change, a new order is issued and replaces the old one. This order can be enforced just like the original.
What Documents Do You Need for a Motion to Change Child Support?
Don’t let paperwork trip you up! Here’s what you’ll likely need:
- Court Forms: Form 15, Form 15A, Form 13/13.1 (Financial Statement), Form 6B (Affidavit of Service)
- Financial Disclosure: Recent pay stubs, last 3 years of tax returns and Notices of Assessment, employment letters, proof of self-employment income if applicable
- Evidence of Material Change: Termination or layoff letters, medical records, proof of new education or special expenses, new custody schedules, etc.
- Child’s Information: Report cards, proof of enrollment, medical documentation, or any other records relevant to your request
Keep all originals and make copies for the court and the other party. Organization is your friend here.
Common Mistakes to Avoid When Filing a Motion to Change
Even the best intentions can go sideways if you trip up on the details. Here’s what to watch out for:
- Missing or incomplete forms: Courts are sticklers for paperwork. One missing line can stall your case.
- Insufficient evidence: The judge needs proof, not just your word.
- Failing to serve the other party properly: If you don’t follow the rules, your motion can be dismissed.
- Ignoring deadlines: The court won’t wait for you. Miss a deadline, and you might have to start over.
- Not disclosing all financial information: Full disclosure is required by law. Hiding assets or income can backfire spectacularly.
- Assuming the process will be quick: Court timelines can vary greatly. Be prepared to wait and follow up.
- Trying to modify child support without a court order: Only a judge (or registered agreement) can legally change support requirements.
- Not seeking legal advice when unsure: Sometimes DIY is not your friend. Legal errors can be costly.
How Long Does It Take to Change a Child Support Order?
The million-dollar question! The timeline varies based on:
- Whether the other party agrees to the change
- The complexity of your case (simple income change vs. complicated custody/support issues)
- Court availability and scheduling
- Whether additional information or conferences are required
On average:
- Uncontested motions (where both parties agree): 2–3 months
- Contested or complex cases: 6–12 months, or even longer in some busy jurisdictions
Urgent cases (e.g., where a child’s needs aren’t being met) can sometimes be expedited, but you’ll need to convince the court the situation is truly pressing.
Do You Need a Lawyer for a Motion to Change Child Support?
Technically, you can file a Motion to Change Child Support on your own. But should you? Here’s the deal:
- The process is technical and mistakes can delay or derail your case.
- Negotiation skills matter—many Motions to Change are resolved through conferences or mediation before a judge ever makes a call.
- A lawyer can ensure your evidence is strong, your forms are airtight, and your interests are protected throughout.
- If the other side has legal counsel, you’ll be at a disadvantage without expert help.
Tailor Law PC’s experienced family lawyers can guide you through every step, whether you need full representation or just a little help with the paperwork. Unbundled services mean you pay only for the help you need.
Conclusion: Take the Next Step with Tailor Law PC
Navigating a Motion to Change Child Support in Ontario isn’t for the faint of heart. The process can be complex, the paperwork daunting, and the stakes high for you and your child. But you don’t have to go it alone. At Tailor Law PC, our family law team brings deep expertise, up-to-date legal knowledge, and a compassionate approach to every case. We understand the nuances of Ontario family law, the practical realities families face, and the importance of getting support right.
Whether you’re responding to a life change, seeking to update your support order, or simply need advice on your options, we’re here to help. Book a free consultation to discuss your Motion to Change Child Support and chart a clear path forward. Your family’s future deserves nothing less.
For more information on family law, divorce, custody, and support issues in Ontario, explore our Family Law Services and Divorce Resources.
This article is for informational purposes only and does not constitute legal advice. For personalized guidance, contact Tailor Law PC’s family law team.
