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If you want to change the support provisions in a final order or agreement (such as a separation agreement or paternity agreement), the documents that you need to file with the court depend on whether you and the other party agree on what the change will be.
If you want to change support terms in an agreement, you must first file the agreement with either the Family Court of the Superior Court of Justice or the Ontario Court of Justice in your municipality, along with an affidavit for filing domestic contract or paternity agreement (Form 26B).
If you do not know whether a support order has or may have been assigned to a social assistance agency, a Confirmation of Assignment form must also be completed. If the order has been assigned, the assignee must be served with all documents that are filed in connection with your motion to change.
To change a final order or agreement for child support only with the agreement of both parties, you will need to complete and file with the court:
To change a final order other than or in addition to an order for child support with the agreement of both parties, you will need to complete and file with the court:
Once these documents are filed with the court, a judge will review the documents and either sign the draft orders or direct the parties to provide more information or appear in court to discuss the situation further.
If you are asking for a change in support and the other party has not agreed, you will need to complete and file with the court:
The responding party should also be served with:
For further information see rule 15 of the Family Law Rules.
All forms can be found at www.ontariocourtforms.on.ca
If you have not made your support payments, the FRO may begin the process of suspending your driver's license which can happen if you do not respond to their notice right away. Their publication What Should I Do if I Want to Keep My Driver's Licence sets out the things that you can do to avoid the suspension of your licence.
Their publication What Should I Do if I Have Received a Notice of Default Hearing provides information about the steps that you can take if the FRO has scheduled a default hearing in order to enforce support arrears.