How You Can Modify Your Child Support Payments
In these situations, you can file for a modification via the courts or online.
Modifying Child Support Payments via the Court
The process you follow when modifying child support payments via the court varies depending on whether the child’s other parent or caregiver agrees to the change. Either way, you must complete several forms and follow a few steps to make the change.
The Other Parent or Caregiver Consents to the Change
Assuming the other party agrees to the change, you must complete Form 15D. The form requires you to provide several details, such as proof of your income and information about your intended change. You must also state your child’s name and give details on any outstanding child support payments you owe.
Crucially, this document requires signatures from you and the other parent or caregiver.
Once you’ve completed the document, submit it via mail or in-person to your nearest family court. From there, you wait for the judge’s decision. The judge may accept or reject the request. Alternatively, they may ask for more information before making their decision.
The Other Parent or Caregiver Doesn’t Consent to the Change
Unfortunately, you have a more complicated road ahead if the other party doesn’t agree to your intended change.
In this situation, you must complete the following forms:
- Form 15 – Request a change in payments without the other party’s consent
- Form 15A – The change information form
- Form 13A – A certificate of financial disclosure
In addition to Form 13A, you’ll complete either Form 13 or Form 13.1. Fill out Form 13 if your case only includes a request related to child support payments. Form 13.1 is for when your case consists of a request pertaining to property as well as payments.
Once you’ve completed the forms, make copies and deliver one of each to your nearest family court. You must also serve the other parent or caregiver with a copy of each document.
How to Serve Forms to Another Parent or Caregiver
You can’t serve legal forms or documents to the other parent or caregiver directly. Instead, you have to get somebody else to serve the papers on your behalf. This practice ensures that the process remains independent. Plus, it can save you from getting complicated emotional issues tangled up with your legal challenges.
You can select a friend, family member, or process server to serve the documents to the other party. You can also ask a court staff member to serve the documents on your behalf. This elected individual has three options for how they serve:
- Deliver the documents to the lawyer representing the other party.
- Hand the copies directly to any adult who lives at the other party’s address, along with mailing additional copies of the forms to that address.
- Mail the forms to the other party.
- If your server chooses this option, they must send the forms alongside an empty copy of Form 6. The other party completes this form to acknowledge their receipt of your documents.
Modifying Child Support Payments Online
You can also update and modify the terms of your child support payments online using Ontario’s Child Support Service website.
You can use this service if you’ve already set up child support payments. Furthermore, you must no longer live with the other parent or caregiver. Plus, one of the parties involved must live with the child or children at least 60% of the time.
Assuming you meet these conditions, you can modify your payments as long as you have the following documents and information:
- Social Insurance Number or Temporary Tax Number
- A current address for the other party
- The contact information of the person who’s responsible for payroll at your current place of employment
- An electronic copy of your separation agreement or a current court order
- You can provide information from your Notice of Calculation or Recalculation if you don’t have an electronic copy of your court order
The service may also ask for your most recent income statement and pay stubs if you have yet to file your taxes for the previous year.
Upon submitting your request online, the other party receives a notification. They must respond to this notification within 25 days and may have to complete a consent form allowing the Canada Revenue Agency to share their income information.
Let Legalhood Help You to Modify Your Child Support Payments
No matter which route you choose, modifying your child support payments can get complicated. That’s especially the case if the other parent or caregiver doesn’t consent. Plus, you may run into hurdles if you don’t complete the required forms correctly.
At Legalhood, we provide a modification of child support payments service to help you. Our service walks you through the steps involved and ensures all your documentation is correct and up to date. If you’d like to learn more about our service, get in touch with a Legalhood expert today.
