Family court orders are written for a moment in time. Children get older, an employer closes, somebody remarries, a parent takes a job in Kitchener and the schedule that once worked becomes impossible to follow. Even so, the paper does not change on its own. Until a court changes it, or a proper agreement takes effect, the old terms still bind you.
That is the single most useful thing to know about this subject. Plenty of parents work out a new arrangement informally, then discover years later that the Family Responsibility Office has been enforcing the original amount all along, or that a verbal schedule cannot be relied on when things go wrong.
The rest of this article describes how a change usually happens in Ontario. It is general information and not legal advice, so please get advice about the specifics of your order.
Start by Identifying What You Have
Before thinking about what you want to change, identify the document. It decides which law applies and which court you use.
An order made under the federal Divorce Act is changed under section 17 of that Act, in the Superior Court of Justice. An order made under Ontario’s Family Law Act or Children’s Law Reform Act, which often applies to parents who were never married, may be changed in the court that has jurisdiction under those Acts. In Brampton, both the Superior Court and the Ontario Court of Justice sit at 7755 Hurontario Street, but they are separate courts with different files. A support order in a separation agreement, by contrast, can be filed with the court under section 35 of the Family Law Act, then changed through the same type of motion as a court order. A separation agreement that was never filed may need a different approach.
Temporary orders are different again. They are generally dealt with through the ongoing case. This article is about final orders, and Rule 15 of the Family Law Rules governs changes to those.
The Test: A Material Change
Courts do not reopen final orders just because someone is unhappy or thinks the judge got it wrong. If the order was wrong, the remedy may have been an appeal, and that deadline has probably passed. A motion to change asks a different question: has something important changed since the order was made?
The exact wording depends on what you want to change.
Parenting and contact. Under the Children’s Law Reform Act, a court cannot vary a parenting or contact order unless there has been a material change in circumstances that affects or is likely to affect the best interests of the child. The Divorce Act has a similar requirement. A change that was foreseen when the order was made may be less likely to qualify. A move that affects the schedule, a child’s changed needs or evidence of a safety concern are examples of things that may meet the test. Even then, the outcome depends on what is best for the child and on what the evidence shows, including the child’s views where appropriate.
Child support. The court must be satisfied that a change of circumstances has occurred under the applicable child support guidelines. A change in the paying parent’s income is the most common example. A change in where a child lives, or in special expenses like childcare or post-secondary costs, may also be relevant.
Spousal support. The court looks for a change in the condition, means, needs or other circumstances of either former spouse. This often comes down to whether the change was significant and long-lasting, and whether it was anticipated in the original terms. If an order or agreement says support is non-variable or sets a review date, read those terms carefully and get advice before you assume anything.
A voluntary income drop is treated with suspicion. Quitting a stable job, moving to cash work or leaving a business without a clear reason can lead a court to impute income, meaning it treats you as earning what you reasonably could.
What a Support Change Looks Like in Practice
A hypothetical example: Amrit’s child support order was based on $95,000 a year as a warehouse supervisor. The warehouse closes, and after several months of searching Amrit takes a job at $62,000. That sounds like a clear change. Still, Amrit needs to act. Support continues to accumulate at the original rate until the order is changed, and the Family Responsibility Office enforces the order as written. FRO cannot change the amount. Only a judge can, unless the parties use a process that permits it.
Amrit should tell the other parent in writing as soon as the job loss occurs, provide job search records, and share proof of income. This matters for the next point.
Income can go the other way, too. Paying parents generally have a duty to disclose income under the order or agreement, and a parent who hides a raise may eventually be ordered to pay retroactive child support. In Colucci v. Colucci, 2021 SCC 24, the Supreme Court of Canada also dealt with payors seeking to reduce arrears after the fact, and it emphasized financial disclosure and notice. A payor who does not provide effective notice and full disclosure should not expect the court to go back very far. Treat the date you gave written notice, with documents, as important.
Ontario also has an online Child Support Service that can set up or update some child support amounts, and it may be useful in straightforward cases. It relies on income information from both parents and may produce a notice of calculation or recalculation. If you get a letter saying the other parent has started an application, respond online within the time stated, which the province describes as 25 calendar days, or the ministry may recalculate based only on the other parent’s information. For a more contested matter, a court process may be the only realistic path. See our overview of child and spousal support for more on how amounts are determined.
The Rule 15 Process, Step by Step
If you both agree. A consent motion to change uses Form 15C. If it involves only child support and meets the requirements, a simpler form, Form 15D, may be available. You file the signed forms with the court along with any other required documents, and a judge reviews it. The judge will still look at whether child support complies with the guidelines. Consent by itself does not make a change effective. Wait until you have the order.
If you do not agree. You generally start with a motion to change (Form 15), plus the required attachments, which usually include supporting documents and a financial statement where support is in issue. If parenting issues are in play, the additional documents required by Rule 35.1 apply, including a sworn affidavit on your plan and involvement in other proceedings.
Service. The documents must generally be served by special service, meaning a method such as personal delivery by someone who is not you, along with blank response and consent forms (Forms 15B and 15C). Ontario’s published guidance sets a time for serving your motion after it is issued, so check the requirement when you file. If FRO is enforcing the order, or if support has been assigned to an agency such as a government program, there can be additional service requirements. Missing these can stall the case.
Response. The other party has 30 days after receiving the documents to respond or return a consent, if they live in Canada or the United States, and 60 days if they live elsewhere. If they do not respond, the moving party can ask for the order sought, although the court may still need evidence.
Next steps. Parties in cases that involve parenting issues may have to attend the Mandatory Information Program, which covers the court process and alternatives to litigation. Motions dealing only with child or spousal support are excepted from those requirements. If the matter is still contested, it usually proceeds through a conference, and possibly a hearing or trial on the disputed issues. On the day of a court appearance, free mediation may be available at the courthouse.
Parenting Changes Are Not Just About Fault
Parents often approach a motion by listing the other parent’s failings. Some of that may matter, but the question stays focused on the child. A judge will look at factors such as the child’s needs and stage of development, history of care, the strength of the child’s relationships, each parent’s willingness to support the other’s relationship with the child, and any family violence. Primary consideration goes to the child’s physical, emotional and psychological safety, security and well-being.
Moving is its own area. A person with decision-making responsibility or parenting time who plans a relocation that is likely to have a significant impact on the child’s relationship with another person generally must give at least 60 days’ written notice, in the required form. A planned move from Brampton to Vancouver is likely to involve these rules. A move across town might not be a relocation, but it can still trigger a duty to give notice of a change of residence. Do not move first and try to sort it out later. Our custody and parenting page has more on these disputes.
Older children can also change the analysis. A teenager’s views may carry more weight, but they do not decide the case by themselves, and parents should keep children out of the dispute as much as they can.
Keep Following the Order While You Wait
The hardest advice to hear is often the most important. Until you have a new order, follow the current one. Unilaterally reducing support creates arrears, which can lead to enforcement measures such as a suspended driver’s licence. Keeping a child from the other parent because of a disagreement over the schedule can result in a contempt motion or other consequences in family court, and it can damage your credibility.
If there is a serious safety issue, the answer is different, and you should talk to a lawyer right away about an urgent motion. And if you have fallen behind and cannot pay, contact FRO and seek advice early. Do not wait for enforcement to begin.
What to Gather First
A focused file makes this much less expensive. Before speaking with a lawyer, collect:
- the order or agreement you want to change, including all earlier versions
- your last three years of income tax returns and notices of assessment, and those of the other parent if you have them
- recent pay stubs, or business records if you are self-employed
- proof of the change, such as a layoff letter, medical note, school record or job search log
- written communications about the proposed change
- your FRO statement, if there is one
- a short summary of the current actual schedule, and how long it has been in place
A Final Word on Informal Arrangements
Informal changes are not always bad. Many families adjust schedules as they go, and flexibility is often good for children. But when an arrangement has become the new normal, particularly on money, think seriously about making it official. A consent motion filed while everyone is cooperating is far cheaper than a contested one filed after things sour. It protects both people.
If your order no longer matches your life, the fix is rarely simple, but it is usually manageable once you have identified the right process and started. To discuss your situation, you can contact our office to arrange a time to speak.