When life changes, so do financial circumstances. Your child’s financial needs increase as they grow older. New school supplies, extracurricular activities, or unexpected medical expenses can stretch your budget. This raises an important question: can the amount of child support be changed?
Child support isn’t a fixed arrangement and can be modified to align with the evolving needs of the child and the financial realities of the parents. Let’s explore when, why, and how child support amounts can change.
When Can You Change Child Support Amount?
Ontario courts allow an adjustment only when significant changes occur either for the parent or the child. Some common circumstances include:
- Income Changes: If the paying parent experiences a job loss, promotion, or other significant income shift
- Child’s Needs: As children grow, their needs evolve. New school activities, medical expenses, or higher education costs
- Parenting Time Adjustments: If the time a child spends with each parent changes substantially, you can request a change
- Living Costs: Rising costs of living, inflation, or relocation to a more expensive area
These changes must be “material,” meaning they significantly impact the fairness of the existing support order or agreement.
How To Modify Child Support in Ontario?
The process depends on whether the original arrangement was made through a court order or mutual agreement. Here’s how each process works:
1. If It’s a Court Order
- Provide Evidence: Gather documents that show the material change in circumstances, such as income statements, parenting schedules, or receipts for new expenses.
- File an Application: Submit your request to the court, explaining why the adjustment is necessary. Both parents must sign and complete Form 15D, consenting to the change.
- Court Hearing: Both parents present their cases, and a judge decides whether the support amount should change.
2. If It’s a Mutual Agreement
If this is the case, then parents can renegotiate terms themselves. Despite mutual understanding, it’s best recommended to draft an agreement and update the court about it.
3. Online Options
If both parents agree or if the change is based on straightforward income adjustments, you can use this online tool for a quicker process.
Can Child Support Amounts Be Reduced?
Yes, child support amounts can sometimes be reduced, but only under specific circumstances. If you’ve fallen behind on payments and owe arrears (the unpaid child support you owe), you might be able to have the amount reduced.
Here are some of the factors that the court examines before making their decision:
- Original payment terms were not appropriate and fair when set originally
- If your financial struggles were unavoidable and beyond your control
- Your current financial capacity affects payment obligations
- If the receiving parent took an unreasonably long time to enforce the arrears
Ontario courts prioritize the financial well-being of the child and the receiving parent. It’s important to note that courts rarely reduce or cancel arrears. Judges only approve such requests in cases where enforcing the original amount would be grossly unfair.
If you are unable to make payments, you have a better chance of requesting the courts a payment plan. If you’re struggling to pay child support or owe significant arrears, Shuter Law can help. Please reach out today for a consultation.