Part 10: Motions to Change a Final Order or Written Agreement

This guide does not provide legal advice. It is recommended that all parties seek legal advice where possible.

Inside this guide

1. Information Before You Start Your Family Case
2. Starting a Family Case
   • General Application
   • Simple Application (divorce only)
   • Joint Application
3. Answers
4. Financial Disclosure
5. Filing Documents
6. Serving Documents
7. Required Steps
   • Mandatory Information Program
   • First Appearance
   • Conferences
8. Motions
9. Trial
10. Motions to Change a Final Order or Written Agreement

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ISBN 978-1-4868-4920-8

After you have resolved your family law issues, you may later want to change the terms of your court order or written agreement that has been filed with the court. For example, you may need to update the amount of child support if the person paying support has lost their job or is making more money since the order was made.

You must file certain documents, and you may have to appear in court. Depending on what you want to change and whether you and the other party agree, you will need to make:

1. A motion to change, if you and the other party can’t agree on how to change your arrangement.
2. A consent motion to change, if you and the other party agree and you want to change something other than child support only, such as parenting time, decision-making responsibility, or spousal support (whether or not you also want to change child support).
3. A consent motion to change child support, if you and the other party agree and want to change child support only (and not, for example, parenting time, decision-making responsibility, or spousal support).

Rule 15 of the Family Law Rules tells you how to change a final order or written agreement.

The Right Municipality and Court

There are rules about where you can make motions to change, which are similar to the rules that apply as if you are starting a new case. There are two factors that you must consider: the right municipality and the right court.

For more information, see A Guide to Procedures in Family Court, Part 1: Information Before You Start Your Family Case. You can also refer to Rule 5 of the Family Law Rules.

Assignees

When a person receiving child or spousal support payments is on social assistance, they may assign their support payments to a social service agency (such as Ontario Works or the Ontario Disability Support Program). This means that the agency is an assignee who receives the support payments.

If the support payments in your case are going to a social service agency, you must serve all your motion to change documents on the agency. A caseworker at the agency must agree to any changes to your support arrangement (even if you and the other party agree).

Making a Motion to Change

If you want to change a final order or written agreement, and the other party does not agree to the change, you need to:

1. Identify and fill out your documents.
2. Get your motion to change issued by the court.
3. Serve all your documents.
4. File proof of service.

Step 1: Identify and Fill Out Your Documents

You can find the court forms online or at any family court office.

You can complete the forms on a computer or by hand. Please make sure your handwriting is clear. Court staff can’t complete the forms for you.

You will need to swear or affirm that the information in some of your forms is true, and sign them in front of a commissioner for taking affidavits. There are commissioners for taking affidavits at all family court offices who will commission your forms for free. Remember, it is a criminal offence to swear or affirm a false or misleading affidavit.

To make a motion to change, you will need:

• Form 15: Motion to Change. In this form, you give the court information about your current arrangement and the changes you want to make. The form must be commissioned.
• A copy of your existing court order or written agreement (already filed with the court) that you’re asking to change.
• Continuing Record for a Motion to Change, including a Table of Contents: You can find more information about the Continuing Record in A Guide to Procedures in Family Court, Part 5: Filing Documents.

Depending on your circumstances and what you’re asking for, you will also need:

• Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you’re asking to change your parenting time or decision-making responsibility arrangement. This form must be commissioned.
• If you’re asking to change your child support or spousal support arrangement:
  • Form 13: Financial Statement (Support Claims). In this form, you give the other party and the court information about your finances, including your income, expenses, assets, and debts. This form must be commissioned. For more information about Financial Statements, see A Guide to Procedures in Family Court, Part 4: Financial Disclosure. You may also refer to Rule 13 of the Family Law Rules.
  • Proof of current income (for example, your most recent pay stub, social assistance statement, or pension stub that shows your year-to-date income).
  • Proof of income for the past three taxation years, which must be one of the following:
    • Your Notices of Assessment and any Notices of Reassessment for each of the past three years. If your notices are unavailable for a particular year, you can use an Income and Deductions printout provided by the Canada Revenue Agency. You can contact the Canada Revenue Agency at 1-800-959-8281.
    • Some other proof of income for each of the past three years, if you swear or affirm a statement in your Financial Statement (Form 13) that you are not required to and have chosen not to file an income tax return because of the Canadian Indian Act.
  • You need proof of your income for any other years that you’re asking to change or cancel your support arrears. For example, if you’re asking to change or cancel your arrears since 2014, you need proof of your income for 2014, 2015, 2016, and so on for each year up to and including this year.
  • If you’re asking to change your special or extraordinary expenses for a child, you also need to provide proof of these expenses (for example, daycare receipts).
  • Form 13A: Certificate of Financial Disclosure. In this form, you confirm which financial documents you have served on the other party.
  • If your support is registered with the Family Responsibility Office, you need a recent copy of the Director’s Statement of Arrears. Learn more about how to get your Statement of Arrears.
  • A Confirmation of Assignment form, if support may have been assigned to a social service agency.

Step 2: Get Your Motion to Change Issued by the Court

After you complete all of your documents, you have to get them “issued” by the court.

You can submit your documents to the court for issuance online using Justice Services Online or in-person at the courthouse.

A court clerk will issue your Motion to Change by:

• Signing and dating your original motion to change (Form 15) and applying the court seal to the form.
• Giving you a court file number. You must write the court file number in the box at the top right corner of each page of your forms on every copy.

You should make copies of everything that the clerk returns to you in order to serve a copy on every party named in the case and any agency required to be served. Remember to also make a copy for yourself.

First Appearance

The clerk will give you a first appearance date if you make your motion to change at the Ontario Court of Justice or the Family Court Branch of the Superior Court of Justice.

The Superior Court of Justice does not schedule a first appearance when you issue your motion to change. You are responsible for scheduling your first court date, which is usually a case conference. More information about conferences is available in A Guide to Procedures in Family Court, Part 7: Required Steps.

Dispute Resolution Officer Program

The Dispute Resolution Officer (DRO) program operates in nine Superior Court of Justice or Family Court of the Superior Court of Justice locations: Barrie, Brampton, Hamilton, London, Milton, Newmarket, Oshawa (Durham), St. Catharines, and Toronto.

DROs are senior family lawyers who hear the initial case conferences for motions to change. If you make your motion to change in a court location where the DRO program operates, your first case conference will be with a DRO rather than a judge.

DROs provide an early, neutral evaluation of your case to help you and the other party:

• Settle or narrow the issues in dispute.
• Organize any issues that are not settled.
• Share disclosure with each other.
• Set next steps in your case.

Unlike a judge, DROs cannot make orders (even if you and the other party agree). However, a DRO can help you get a consent order from a judge.

Mandatory Information Program (MIP)

In some circumstances, you and the other party will be required to attend a free Mandatory Information Program (MIP) session. When the clerk issues your motion to change, you may receive two MIP notices – one for you and one for the other party. You will each be scheduled to attend different MIP sessions.

More information about the MIP is available in A Guide to Procedures in Family Court, Part 7: Required Steps.

Step 3: Serve All Your Documents

If it isn’t safe for you or a friend or family member to serve the documents and you cannot afford to hire a professional process server, you can ask the court staff to arrange to have your documents served for you. You can get the name of a process server online.

For more information on how to serve court documents, see A Guide to Procedures in Family Court, Part 6: Service. You can also refer to Rule 6 of the Family Law Rules.

Serving the Responding Party

After the clerk issues your motion to change, the following documents must be served on the other party:

• A copy of your court-issued motion to change and all your other forms that you completed in Step 1 (including the Continuing Record).
• The responding party’s MIP Notice, if you received one from the court clerk when you issued your motion to change at Step 2.
• Blank copies of the forms that the responding party may need to fill out to respond to your motion to change:
  • Form 15B: Response to Motion to Change.
  • Form 15C: Consent Motion to Change.
  • If you’re asking to change your support arrangement:
    • Form 13: Financial Statement (Support Claims).
    • Form 13A: Certificate of Financial Disclosure.
  • Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you’re asking to change your parenting time or decision-making responsibility arrangement.

Someone other than you (who is at least 18 years old) must serve your documents on the responding party, using special service. Special service means that the documents must be delivered to the respondent by a certain method (for example, by handing the documents to the respondent). You can ask a friend or a family member who is over the age of 18 to do this, or you can hire a process server to serve the forms for you.

The other party must receive your documents with enough time to complete, serve, and file a response before the first appearance or conference. The other party has 30 calendar days to respond after they receive your motion to change (or 60 calendar days if they were served outside of Canada or the United States).

Serving Assignees

If the support payments are assigned to a social service agency, you must serve a copy of your court-issued motion to change and all your other forms that you completed in Step 1 (including the Continuing Record) on that agency. You do not need to serve any MIP notice or blank forms on the agency.

You must serve your documents on the agency using special or regular service. You can personally serve assignees, and do not need to ask someone else.

If the agency responds by serving and filing a notice claiming a financial interest in your motion to change, the agency becomes a responding party in your case.

Step 4: File Proof of Service

You must complete Form 6B: Affidavit of Service (one for each party that was served). In this form, you give information to prove to the court that your documents were served on the other party and any agencies.

The person who served the documents (whether it was you or somebody else) must swear or affirm that the information in Form 6B is true, and sign the form in front of a commissioner for taking affidavits. There are commissioners at all family court offices who will commission the form for free.

Remember, it is a criminal offence to swear or affirm a false or misleading affidavit. It is your responsibility to make sure that the information in Form 6B is true.

After Form 6B is sworn or affirmed, you must file it with the court where you issued your motion to change. You can file your documents online using Justice Services Online or in-person at the courthouse.

Responding to a Motion to Change

Step 1: Review the Forms that were Served on You

It is important to review the forms you’ve been served with because they will determine your next steps. Read all the forms and documents you received closely because they can include:

• The date when you need to appear in court.
• Instructions about what to do next.
• When you need to respond.

Step 2: Fill Out Your Responding Documents

You can find the court forms online or at any family court office.

You can complete the forms on a computer or by hand. Please make sure your handwriting is clear. Court staff can’t complete the forms for you.

You will need to swear or affirm that the information in some of your forms is true, and sign them in front of a commissioner for taking affidavits. There are commissioners for taking affidavits at all family court offices who will commission your forms for free.

If You Agree with the Changes

If you agree to the changes that the other party wants, you need:

• Form 15C: Consent Motion to Change. In this form, you give information about the changes that you agree on.

If You Don’t Agree with the Changes

If you do not agree to the changes that the other party wants, you need:

• Form 15B: Response to Motion to Change. In this form, you explain why you don’t agree with the changes that the other party wants. You can also ask the court to make different changes to your current arrangement.This form must be commissioned.

Depending on your circumstances and what you’re asking for, you will also need to prepare:

• Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you or the other party is asking to change parenting time or decision-making responsibility arrangement. This form must be commissioned.
• If you or the other party is asking to change your child support or spousal support arrangement:
  • Form 13: Financial Statement (Support Claims). In this form, you give the other party and the court information about your finances, including your income, expenses, assets, and debts. This form must be commissioned. For more information about Financial Statements, see A Guide to Procedures in Family Court, Part 4: Financial Disclosure. You may also refer to Rule 13 of the Family Law Rules.
  • Proof of current income (for example, your most recent pay stub, social assistance statement, or pension stub that shows your year-to-date income).
  • Proof of income for the past three taxation years, which must be one of the following:
    • Your Notices of Assessment and any Notices of Reassessment for each of the past three years. If your notices are unavailable for a particular year, you can use an Income and Deductions printout provided by the Canada Revenue Agency. You can contact the Canada Revenue Agency at 1-800-959-8281.
    • Some other proof of income for each of the past three years, if you swear or affirm a statement in your Financial Statement (Form 13) that you are not required to and have chosen not to file an income tax return because of the Canadian Indian Act.
  • You need proof of your income for any other years that you’re asking to change or cancel your support arrears. For example, if you’re asking to change or cancel your arrears since 2014, you need proof of your income for 2014, 2015, 2016, and so on for each year up to and including this year.
  • If you’re asking to change your special or extraordinary expenses for a child, you also need to provide proof of these expenses (for example, daycare receipts).
  • Form 13A: Certificate of Financial Disclosure. In this form, you confirm which financial documents you have served on the other party.
  • If your support is registered with the Family Responsibility Office, you need a recent copy of the Director’s Statement of Arrears. Learn more about how to get your Statement of Arrears.
  • A Confirmation of Assignment form, if support may have been assigned to a social service agency.

You should make at least two photocopies of all your completed forms – one copy for yourself, one copy for the other party, and the original for the court.

Step 3: Serve All Your Documents

After you have completed, signed, and sworn or affirmed (if needed) your forms, you have to serve them on the other party and any assignee.

You can serve the documents yourself. Alternatively, you can ask a friend or a family member who is over the age of 18, or you can hire a professional process server to serve the forms for you. You can get the name of a process server online.

If it isn’t safe for you or a friend or family member to serve the documents and you cannot afford to hire a process server, you can ask the court staff to arrange to have your documents served for you.

Make photocopies of all your documents that you completed in Step 2 and serve them on the other party and any assignee:

• Within 30 calendar days of receiving the other party’s motion to change if you were served in Canada or the United States, or
• Within 60 calendar days of receiving the other party’s motion to change if you were served outside Canada or the United States.

There are rules about how to count time correctly. If you don’t follow the rules, court staff may not accept your documents.

See A Guide to Procedures in Family Court, Part 6: Serving Documents for more information on service and counting time. You may also refer to Rule 3 or Rule 6 of the Family Law Rules.

Step 4: File Your Documents with Proof of Service

After you have served the other parties in your case:

• Complete Form 6B: Affidavit of Service (one for each party that was served). In this form, you provide information to prove to the court that you served the documents. The person who served the documents (whether it was you or somebody else) must swear or affirm that the information in Form 6B is true, and sign the form in front of a commissioner for taking affidavits. There are commissioners at all family court offices who will commission the form for free.
• File all your original documents and Form 6B at the courthouse location listed at the top of the motion to change forms you received from the other party. You can file your documents online using Justice Services Online or in-person at the courthouse.

Next Steps

The next steps in your motion to change may include a:

• Mandatory Information Program (MIP)
• First appearance (with a court clerk)
• Case conference (with a DRO or judge)

More information about these possible next steps is available in A Guide to Procedures in Family Court, Part 7: Required Steps.

You should always make sure you know what the next step is in your family court process. If you’re not sure, court staff or a lawyer can help you understand what steps may be required in your case.

Making a Consent Motion to Change

You can find the court forms online or at any family court office.

You can complete the forms on a computer or by hand. Please make sure your handwriting is clear. Court staff can’t complete the forms for you.

You will need to swear or affirm that the information in some of your forms is true, and sign them in front of a commissioner for taking affidavits. There are commissioners for taking affidavits at all family court offices who will commission your forms for free.

If you and the other party want to make a consent motion to change, you will need:

• Form 15C: Consent Motion to Change. In this form, you and the other party give the court information about your current arrangement and the changes you have agreed on. This form must be signed and dated by you, the other party, and any assignee in front of witnesses.
• A copy of your existing court order or written agreement (already filed with the court) that you’re asking to change.
• Form 14B: Motion Form. You must write the orders you’re together asking the court to make, as well as the rules and laws that apply to the facts of your case.
• Draft Form 25: Order. Write out everything that you and the other party have agreed on, and want included in your new order. This form must be typed on a computer, not hand-written. Bring 5 copies of this form for filing at the courthouse.
• If you file in person at the courthouse, two business-sized envelopes (9 ½” x 4 ⅛”), each stamped with sufficient postage: one addressed to you, and one addressed to the other party.

Depending on your circumstances and what you’re asking for, you will also need:

• Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you’re asking to change your parenting time or decision-making responsibility arrangement. You and the other party must each complete your own copy of this form (one per person). This form must be commissioned.
• If you’re asking to change a child support or spousal support order:
  • A draft Support Deduction Order (also available at the court office).
  • A Support Deduction Order Information Form (also available at the court office).
  • Form 13: Financial Statement (Support Claims) (one per person), unless you both write in Form 15C that you have agreed not to give Financial Statements. This form must be commissioned. For more information about Financial Statements, see A Guide to Procedures in Family Court, Part 4: Financial Disclosure. You may also refer to Rule 13 of the Family Law Rules.
  • A Confirmation of Assignment form, if support may have been assigned to a social service agency.

You should make at least two photocopies of all your completed forms – one copy for each of you and the original for the court.

You must file all your documents online using Justice Services Online or in person at the courthouse.

If the judge grants the orders you want, the court will send you both the signed order by email or in the self-addressed stamped envelopes that you provided to the court. If the judge does not grant the orders, the court will send you an endorsement that tells you why and any next steps you must take.

Making a Consent Motion to Change Child Support

You can find the court forms online or at any family court office.

You can complete the forms on a computer or by hand. Please make sure your handwriting is clear. Court staff can’t complete the forms for you.

To make a consent motion to change child support only, you will need:

• Form 15D: Consent Motion to Change Child Support. In this form, you and the other party give the court information about your current child support arrangement and the changes you have agreed on. This form must be signed and dated by you, the other party, and any assignee in front of witnesses.
• A copy of your existing court order or written agreement (already filed with the court) that you’re asking to change.
• Draft Form 25: Order. Write out everything that you and the other party have agreed on, and want included in your new order. This form must be typed on a computer, not hand-written. Bring 5 copies of this form for filing at the courthouse.
• If you file in person at the courthouse, two business-sized envelopes (9 ½” x 4 ⅛”), each stamped with sufficient postage: one addressed to you, and one addressed to the other party.
• A draft Support Deduction Order (also available at the court office).
• A Support Deduction Order Information Form (also available at the court office).
• A Confirmation of Assignment form, if support may have been assigned to a social service agency.

You should make at least two photocopies of all your completed forms – one copy for each of you and the original for the court.

You must file all your documents online using Justice Services Online or in person at the courthouse.

If the judge grants the orders you want, the court will send you both the signed order by email or in the self-addressed stamped envelopes that you provided to the court. If the judge does not grant the orders, the court will send you an endorsement that tells you why and any next steps you must take.

Online Child Support Service

The Ministry of the Attorney General’s Online Child Support Service allows separated parents with non-complex child support cases to establish and update child support payments through an online portal, without going to court.