Changing a Child Support Order After a Job Loss in Ontario

Losing your job or taking a pay cut does not reduce your child support. The order you signed or were given stays in place until it is formally changed, and the payments keep coming due whether or not the money is there.

This article explains how a change usually works in Ontario, what proof you will need and why acting quickly matters. It is general information, not advice on your own order, so a lawyer can confirm how it applies to you.

Why waiting makes things worse

Many payors assume the Family Responsibility Office (FRO) will adjust the amount once they explain their situation. It cannot. FRO cannot change the amount owed; only a judge can, and arrears keep building under the existing order until it is changed.

FRO also asks payors who lose their job to contact it immediately. Telling FRO is not the same as changing the order, but it keeps them informed while you start the process to change it.

A court can vary an order prospectively or retroactively, but it is not guaranteed to go back in time for you. The safest assumption is that the sooner you apply, the less unpaid support piles up in the meantime.

When a lower income counts as a change

Under the Divorce Act, a court may vary, rescind or suspend a child support order on application by either or both former spouses, but first it must be satisfied that a change of circumstances has happened since the order was made or last varied. Any change that would result in a different child support order qualifies, and a drop in the payor's income after a job loss is a named example.

That test comes from the Divorce Act. How it applies if you were never married, or are married but not seeking a divorce, depends on your situation, so it is worth confirming with a lawyer.

Courts do not simply accept a lower number, though. A court may impute income if a spouse is intentionally under-employed or unemployed, or unreasonably deducts expenses from income. There is an exception: income is not imputed where the under-employment or unemployment is required by the needs of a child, or by the spouse's reasonable educational or health needs.

In plain terms, being laid off and looking hard for work looks very different from quitting a well-paid job. How a court sees your situation depends on the facts.

Ways to ask for a change

If you go to court, you will usually also file a Form 13 financial statement with a Form 13A certificate of financial disclosure. If your payor income is under $12,000, no table child support is payable at that level under the federal tables, but whether that applies to you depends on your whole situation.

What proof you will need

Proof needed in court includes three years of tax returns, notices of assessment and proof of current income. If you were unemployed in the last three years, you must also file a Record of Employment or other proof, along with a statement of any benefits still owed, such as severance.

If you are self-employed, expect to provide three years of financial statements and a breakdown of payments to non-arm's-length persons as well. Courts may look at income over the last three years where income varies.

• Record of Employment or other proof that you were unemployed
• Tax returns and notices of assessment for the last three years
• Proof of any severance, EI or other benefits, including amounts still owed
• Proof of your current income
• Recent pay stubs if you have a new, lower-paying job

What to do next

• Contact FRO right away if you lost your job, and keep a note of when and how you did.
• Keep paying what you can while the change is pending, since the old amount still counts as owing.
• Gather the documents above before you apply.
• Decide whether the online service, a consent filing or a contested Form 15 fits your situation.
• Speak with a family lawyer, especially if you are self-employed, share parenting time or are unsure whether you may be treated as earning more than you do.

Frequently asked questions