"I need to change my child support payments" - BlogBite (22)

"I need to change my child support payments"

Folks, this is one of the most common phrases we hear in our family law practice.

People who want to change child support payments may present the following reasons (or a combination of them):

1. the payor may be making more money
2. the child is no longer in contact with the payor - ie: I am not seeing my child, why should I pay?
3. the child is over 18
4. the child is no longer in school full-time
5. the recipient of child support is refusing to provide the payor with information about the child's school attendance
6. the payor may be making less money...

and so on and so on.....this is not a complete list by any means.

Also, in the above list, not all reasons are actual reasons why child support would be changed by the Court.

When considering a change in child support, you need to address two basic questions:

1. do I have a legitimate reason to change child support?        and

2. how do I do it? - the procedure differs depending on whether the child support payments are being made based on a Court Order, based on a Separation Agreement or based on a verbal agreement.

As to a potential reason for the change, this is a legal issue and we suggest you obtain legal advice on it.

As to the procedure, we will soon be able to assist, even if you are self-represented. We are about to launch a series of Manuals and Kits, including to assist you in changing your child support payments.

STAY TUNED!!!!


UPDATE - January, 2018

We are pleased to let you know that our Etsy shop is now OPEN!

Visit it here: SELFREP SUPPORT

In the shop, we make available to you Manuals (E-books) on various topics, to assist you in representing yourself before Ontario's family law Courts.

So far, we have Manuals on:

• preparing an effective Financial Statement (both long-form and short-form); 
• preparing an effective Affidavit; and
• the basics of service and filing...

MORE MANUALS TO COME! 

Motions versus Trials

These are, generally speaking, two completely different animals when it comes to a family law court case in Ontario, subject to my comments below about "motions to change".

A Motion is like a mini-trial, except that most of the time, the Court receives evidence on Motions by way of affidavit evidence (in written form) rather than the live evidence of witnesses.  A Motion is a court appearance (they are generally argued in person, before a judge) which is meant to address some short-term, sometimes emergency issues. A number of Motions can be brought in the course of a proceeding, as issues arise - issues which cannot be left for determination until Trial.  Motions often deal with issues of a child's/children's custody and residence, access, as well as child and spousal support. Disclosure issues are also commonly addressed by Motions. Orders made at Motions are generally temporary or "interim" orders. They are meant to be in place until either a further Court Order or agreement between the parties, or Trial.

A Trial is a hearing, sometimes days-long, which disposes of a court case on a final basis (subject to appeal).

The Family Law Rules provide for another animal and here, the language can be a little confusing. We have what are called Motions to Change (a final order, for example). These are separate proceedings, formerly called applications to vary. The final hearing in such a proceeding can be a motion but it is very similar to a Trial and can be either by affidavit (written) evidence or viva voce, meaning, witnesses give evidence in person.

Art: Egon Schiele - Trieste Fishing Boat (1912)