How to Change Existing Child Support Payments and Visitation Agreements Posted onApril 24, 2017September 9, 2022/ Devry Smith Frank LLP Family lawyer John Schuman was recently asked the following question: I want to change my child support amount and the visitation agreement. How do I go about doing that and what forms do I need? Answer By John Schuman: There are three ways to change child support: 1. If you and the other parent agree on the change – either because your income has changed or the children’s living arrangements have changed, you can do one of the following: Draft up an “amending agreement” to your separation agreement File a motion to change support on consent at the court, if you have a court order It can be dangerous to reduce your child support, even if your ex agrees. Without a formal agreement or court order, the other parent can go back and enforce the last formal agreement or court order, and you could end up owing a lot of money. 2. If the other parent does not object and you do not fall into one of the exclusions, you can use Ontario’s Online Child Support Calculation Service to adjust support. You cannot use the service if: You have shared custody Do not earn most of your income from a salary, or earn more than $150,000.00 per year. If a child is 17.5 years old or older and is still entitled to support. In these situations, child support may be more than a simple calculation. But, if your child support will be a simple calculation, for an $80 fee, the Ministry of Finance will get both parents’ tax returns and do the support adjustment for you. 3. If neither of the above options works for you, then you will have to bring a Motion to Change Support in Family Court. The procedure to change support is usually simpler than an initial divorce of Family Court Application. It may involve 2 appearances or less. Either parent can also use this process to change the support paid under a separation agreement if the other parent does not agree. To learn more about how to do this, listen to this podcast and watch this video. If you are not sure whether you should ask to change child support, listen to this podcast or watch this video on how to calculate your child support obligation. In any case, it is best to speak to a family lawyer about your situation and figure out which option works best for you. You may be able to save on legal fees by using unbundled services. Changing “visitation” or the “parenting schedule” may not be as straightforward. If you cannot agree on changes to visitation or the parenting schedule, then you should consider using a parenting mediator, or one of the other lower-conflict ways of resolving parenting issues. Finding non-confrontational ways to resolve parenting issues, including the parenting schedule, is much better for the kids. If you find that the other parent is being unreasonable or not acting in the children’s best interests, then you may have to go to Family Court. If the children might be harmed, or if you are not seeing them at all, you may be able to get an Emergency Custody Order. Otherwise, you would use the same “Motion to Change” procedure that applies for support. In making any decision about children, judges only do what is in the child’s best interest and have factors to consider in making that determination. Since those factors are what a judge will use, you should take them into consideration when deciding what kind of visitation or parenting plan to seek. There are many different types of parenting arrangements after separation and what works best depends on the child. If you are not sure or have concerns, then it is important to talk about your specific situation with a family law lawyer. In doing so, you will ensure the best result for your children. You can get a lot more information about Ontario Family Law issues, including a further explanation of child support, family court, child custody, and parenting legal issues by downloading this $9.99 e-book for Kindle, Kobo, or iPad/iPhone/Mac or ordering the paperback version. However, it is always best to seek experienced legal support by meeting with a good family law lawyer. John Schuman is a Certified Specialist in Family Law. He is the partner managing the Family Law Group at Devry Smith Frank LLP, a full-service law firm located near Eglinton and the Don Valley Parkway in Toronto. Learn more about John! Call him at 416-446-5080 or 416-446-5847 or email john.schuman@devrylaw.ca Listen to the Ontario Family Law Podcast! Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact John P. Schuman, C.S., or search the Lawyer Directory. Related Posts Posted onDecember 17, 2020June 24, 2021/ John P. Schuman Can I be summoned to pay my fiance’s child support in Ontario? Question: I am engaged to someone who already has kids from a previous marriage: 6, 13 and 14 years. If he defaults on his child support payment, will I be asked to pay his support? Will my income be factored in? How can I protect myself? – Advice Scene Child support is the right of [...] Read more Posted onSeptember 25, 2020April 15, 2024/ Devry Smith Frank LLP Determining the Child Support Obligations of a Step Parent A spouse who stands in the place of a parent to a child can be obligated to pay child support, according to s. 5 of the Ontario Child Support Guidelines (“Guidelines”). The amount a step-parent will be ordered to pay is at the discretion of courts. When exercising this discretion, the court will look to [...] Read more Posted onMay 4, 2020September 30, 2020/ Devry Smith Frank LLP Changing Child Support or Spousal Support Payments During COVID-19 Child and spousal support obligations take effect either pursuant to a court order or a separation agreement (to be sure, many people make informal arrangements amongst themselves, though this is rarely advisable). Separation agreements typically contain review clauses which outline the process for changing a payor’s child or spousal support obligations, along with what kind [...] Read more Posted onApril 27, 2020September 30, 2020/ Devry Smith Frank LLP How is COVID-19 affecting child and spousal support in Ontario? The coronavirus pandemic has brought far-reaching economic shock waves across the country. Over one million jobs have been lost in Canada due to COVID-19 in the month of March alone. As this crisis continues and more jobs and businesses evaporate, support payors and support recipients are going to feel the financial strain. If you are a support [...] Read more Posted onDecember 12, 2019July 5, 2023/ John P. Schuman Our Child Has Come to Live with Me, How Do I Stop My Child Support Payments to My Ex? Child support payments are based on where the child actually lives, not where a Court Order or Separation Agreement says that they are living, or should be living. 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