Varying a Child Support Order or Agreement: Overview of Required Forms
If you have a court order for child support, and are the payor or the recipient spouse and are seeking to increase, reduce, or terminate child support, or if you are the recipient spouse and want to claim retroactive support, you must initiate a Motion to Change.
The same process occurs if you are paying or receiving support as part of a domestic contract that has been filed with the court, and you wish to vary the support provisions in that contract.
If you want to apply to a court to change the support provisions in a domestic contract that has not been filed with the court, you must first file that contract with the court, along with a Form 26B: Affidavit for Filing a Domestic Agreement or Paternity Contract with the Court.
Note that the process and forms specified below apply only if you are seeking to vary child support alone. If you are also seeking to vary custody and access, please see Child Custody and Access Forms for instructions, as different forms are required.
Motion to Change with Consent
If you and your former partner or spouse are in agreement about the support changes proposed, the type of motion to be filed is Form 15D: Consent Motion to Change Child Support.
The process for this consent motion depends on whether or not the child support order has been assigned to a social assistance agency (the Ministry of Community and Social Services) or another agency (such as Ontario Works) or municipality. If the order has been assigned, the assignee must consent to the change and sign the Form 15D. If the assignee does not consent, the parties should follow the process for a Variation without Consent. If the support order has not been assigned, a Form 15D: Consent Motion to Change Child Support is all that is required.
To determine whether your order has been assigned, fax a Confirmation of Assignment form to the Ministry of Community and Social Services (MCSS). It will then be faxed back, indicating whether the MCSS or a municipality has an interest in the order through assignment. The process will generally take a few weeks.
If an assignment is indicated, the Motion to Change on Consent should be served personally on an agent of MCSS. A Confirmation of Assignment should be filed with your form 15D. If no assignment is indicated, this form should still be included with the 15D.
Motion to Change without Consent
If you and your former partner or spouse are not in agreement about the support changes proposed, the type of motion to be filed is a Motion to Change. The appropriate forms in this case are:
When you serve the other party, you must also include:
- A blank Form 15B: Response to Motion to Change
A blank Form 15C: Consent to Motion to Change
Variation without Consent: Responding to a Motion to Change
If you have been served with a Form 15: Motion to Change and you contest the change, you need to complete
You have only 30 days from the date of service to file and serve your Response.
If you consent to the change, you would serve Form 15C: Consent to Motion to Change.