Can we change a child support agreement or court order?

You can change a child support agreement or order if circumstances change. Examples of a change in circumstances include an increase or decrease in a parent’s income, a change in the parenting arrangements, a change in special expenses, or a child turning 18 (the age of majority in Ontario). You and the other parent should talk about any changes in your incomes at least once a year and provide each other with annual notices of assessment.

If you agree to change the amount of support

If you and the other parent agree to change the amount of support in your current agreement according to the Child Support Guidelines, update the agreement in writing, or write up a new agreement.

If you and the other parent agree that you want to change a child support order, you will have to apply to make the change in the same court that made the original order. This is called bringing a “motion to change”.

If you don’t agree to change the amount of support

If you and the other parent don’t agree to a change to the original court order, one or both of you can apply to the court that made the original order, and ask the court to change (vary) it.

It is also a good idea to get legal advice before going to court. Some services provide legal help for free or for a small fee.

How long does child support go on for?

Both parents are financially responsible for their children until a child turns 18 (the age of majority in Ontario). They can be financially responsible longer if a child is still dependent, such as when a child is ill, disabled, or still in school full time.

Child support continues even if the parent who has primary care of the children enters a new relationship.

What happens if I receive child support and then get remarried?

If the children live with you most of the time and you remarry, the income of the new spouse does not affect the amount of child support you receive from the children’s other parent. The child’s other parent must continue paying child support until the child is no longer a dependent.

What happens if I pay child support then have a second family?

If you are the paying parent and have a new family to support, you are still required by law to financially support your children from your first relationship. However, having a second family to support is an example of a situation that could cause undue hardship for you or for your children.

To claim undue hardship, you will have to go to court to prove that your second family will have a lower standard of living than your first family unless the child support payments are reduced. The court will consider both households’ standard of living, the income of all household members, and the number of people in each household.

If you think you have a case of undue hardship, it is also a good idea to get legal advice before going to court. Some services provide legal help for free or for a small fee.

What happens if we don’t have a written agreement or order?

If you made a child support agreement with the other parent but don’t have it in writing, the agreement is not enforceable—that means the law cannot force the other parent to pay what you agreed to. You can try to make a written agreement with your partner. If you can’t come to an agreement on your own, you might want to try mediation. A mediator is a neutral person who is specially trained to help both sides in a dispute come to an agreement they can both live with. If mediation does not work, you may have to go to court and let a judge decide.

If you went to court and got a child support order but don’t have a copy of it, ask the court registry staff to help you get one.