- A variation generally requires a material change in circumstances, described as a change that is substantial, continuing and likely to have led to a different order.
- Under the Divorce Act, the court must be satisfied that a change in the condition, means, needs or other circumstances of either former spouse has occurred.
- Common triggers include income changes, the recipient becoming self-sufficient, remarriage and changes in child arrangements.
- Only a court can change a support order, not the Family Responsibility Office.
Life changes after a support order or agreement is made. You may lose your job, retire, or start earning much more. The question people then ask is whether the change is big enough to justify changing the order.
This article explains the test in plain language, gives examples of changes that often matter and ones that usually do not, and outlines how to ask for a change. Whether your change qualifies depends on your order and facts, so a lawyer should confirm.
The test in plain language
Under the Divorce Act, a court varying a spousal support order must be satisfied that a change in the condition, means, needs or other circumstances of either former spouse has occurred. It may vary, rescind or suspend an order retroactively or prospectively.
The Spousal Support Advisory Guidelines user's guide describes the case-law test as a change that is substantial, continuing and that, if known at the time, would likely have resulted in a different order. The focus is on what was contemplated or taken into account in the original order, not simply what was foreseeable. That wording comes from the guide's description of the case law rather than from the statute.
If your order was made under Ontario's Family Law Act, the exact wording of the variation test may differ, so confirm which law applies to you.
Examples of changes that often matter
Ontario.ca lists these triggers for reviewing support: changes in income, the recipient becoming self-sufficient, the recipient remarrying, and changes in child arrangements.
- A significant, lasting drop in the payor's income. The guideline ranges move down, and ability to pay can reduce the range to zeros across the board.
- The recipient becoming self-sufficient, which links to the aim of promoting each spouse's economic self-sufficiency where practicable.
- The recipient remarrying, though an agreement or order may already address remarriage or retirement.
- A change in who cares for the children or how time is shared.
Retirement is a common question. An agreement or order may already address retirement or set a review date, so read yours closely first.
What often does not qualify
Not every change counts. The test asks whether the change was contemplated or taken into account in the original order, so something the order already planned for is a weak basis for variation.
- A short-term dip in income. If the drop may not be permanent, a court may order disclosure of future re-employment or add a review term instead.
- A change you caused. Voluntary under-employment may be an issue.
- Disagreeing with the original order. A variation is neither an appeal nor a hearing de novo.
- A change the order or agreement already dealt with, such as a set review date or a stated term for remarriage or retirement.
| Situation | Likely effect |
|---|---|
| Long-term income drop | May support a change; ranges move down |
| Temporary income drop | Court may order disclosure or add a review term |
| Voluntary under-employment | May be an issue |
| Already addressed in the order | Weak basis for variation |
Variation versus review
A variation is neither an appeal nor a hearing de novo. A review is much more like an initial application for support, and the Spousal Support Advisory Guidelines apply on review. A review order can limit the issues under review.
Even indefinite support is not necessarily permanent. Indefinite orders remain subject to variation and review. That means a change in circumstances can matter years after an order is made.
How to ask for a change
Only a court can change a support order, not the Family Responsibility Office (FRO). If you both agree, file a consent motion to change (Form 15C) with a financial statement (Form 13), Certificate of Financial Disclosure (Form 13A), Form 14B and a draft order (Form 25). If the other party disagrees, file a motion to change (Form 15) with Forms 13, 13A and 25.
After an order changes, send the new order to FRO through FRO Online, by fax or by mail. For a domestic contract, the parties negotiate a new contract and file it with the court with Form 26B before sending it to FRO.
Do not simply stop paying or reduce payments on your own. Court-ordered support is filed with FRO, which collects from the payor. FRO enforcement can include garnishing bank accounts and suspending licences. A payor who is falling behind should contact FRO immediately to set up a payment plan.
Whether a court can reduce or cancel arrears that built up before you applied depends on the facts, and it should not be assumed. A lawyer can advise, bearing in mind that a court may vary an order retroactively or prospectively under the Divorce Act.
What to do next
- Reread your order or agreement for terms on remarriage, retirement, review dates or income disclosure.
- Write down what changed, when it happened, and whether it is likely to last.
- Collect proof, such as termination letters, pay records, tax returns and medical documents.
- Keep paying what the order requires while you sort things out, and contact FRO early if you are falling behind.
- Speak with a family lawyer before filing a motion to change, so the right forms and arguments are used.
Frequently asked questions
Does losing my job count as a material change?
It can, if the drop is significant and lasting. If a payor's income drops significantly, the guideline ranges move down. If it may not be temporary, a court may order disclosure of re-employment or add a review term instead.
Does remarriage end spousal support automatically?
Not automatically. Remarriage by the recipient is listed as a trigger for reviewing support, but an agreement or order may already address it. Check your own documents.
Can FRO change my support amount?
No. Only a court can change a support order, not FRO. After the order changes you send the new order to FRO.
Is a variation the same as an appeal?
No. A variation is neither an appeal nor a hearing de novo. It asks the court to change the order because circumstances have changed, not to decide the original case again.
Sources
- Justice Canada – About spousal support — justice.gc.ca
- Divorce Act, s. 15.2(6) — Justice Laws (federal)
- SSAG Revised User's Guide – Without Child Support Formula — canada.justice.gc.ca
- SSAG Revised User's Guide – Variation and Review — canada.justice.gc.ca
- Divorce Act (Justice Laws) — Justice Laws (federal)
- SSAG Revised User's Guide – Changing Incomes — canada.justice.gc.ca
- Ontario.ca – Spousal support — ontario.ca
- Ontario.ca – Child and spousal support (FRO) — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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