Motions to Change

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Read the Ministry's guides to "How to make a motion to change" and "When you are served with a motion to change."

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:

  • a consent motion to change child support (Form 15D) signed by each party and the assignee, if the support order has been assigned to another party or social assistance agency
  • 5 copies of the draft order that you are asking the judge to sign (Form 25)
  • stamped envelopes addressed to each party and the assignee if any
  • a support deduction order information form and draft support deduction order

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:

  • a change information form (Form 15A)
  • a consent motion to change (Form 15C) signed by each party, and the assignee if any
  • a financial statement (Form 13)
  • a motion (Form 14B)
  • 5 copies of the draft order that you are requesting the judge to sign (Form 25)
  • stamped envelopes addressed to each party, including the assignee if any
  • a support deduction order information form and a draft support deduction order

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:

  • a motion to change (Form 15)
  • a change information form (Form 15A)
  • a financial statement (Form 13)

The responding party should also be served with:

  • a blank response to motion to change (Form 15B)
  • a blank consent motion to change (Form 15C)

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.