Can I Get a Spousal Support Order Changed If My Income Drops in Ontario?

A drop in income may allow a spousal support order to be changed, but whether it does depends on your facts and the wording of your order, and the test a court applies for a material change in circumstances is worth confirming with a lawyer.

One court route is a motion to change a final order for spousal support. Both the Superior Court of Justice and the Ontario Court of Justice hear spousal support. You do not have to attend a Mandatory Information Program session if your case is a motion to change a final order for child or spousal support only.

Under the Divorce Act, parties to a proceeding must try to resolve matters through a family dispute resolution process, such as negotiation, mediation or collaborative law, to the extent it is appropriate. Mediation in Ontario is voluntary, and the mediator does not take sides, make decisions or give legal advice. Ontario says mediation can be used before, during or instead of a court case. Keep records of your job loss or retirement and income to discuss with a lawyer.