Spousal Support Guidelines Newmarket and York Region Court

If you live in Newmarket, Aurora, Richmond Hill, Vaughan, Markham or elsewhere in York Region, the same Ontario rules and guidelines apply to your spousal support case as anywhere else in the province. What is local is the courthouse, the scheduling contacts and the practical steps.

This article explains how the guidelines fit into a local case, what is known about the Newmarket Courthouse, and the steps you can expect if you file, negotiate an agreement or need to enforce an order.

How the guidelines apply in York Region

The Spousal Support Advisory Guidelines were designed for the federal Divorce Act. They are not law, but judges often base decisions on them, and courts and lawyers often apply them under provincial law too. Nothing in them is specific to York Region.

Which statute applies depends on your relationship. The Divorce Act governs spousal support for married couples who divorce. For unmarried partners and for married couples who separate without divorcing, Ontario's Family Law Act applies.

The guidelines also do not decide whether you are entitled to support. Entitlement must be proven or agreed before the formulas apply.

The Newmarket Courthouse

The Newmarket Courthouse is at 50 Eagle St. W., Newmarket, Ontario L3Y 6B1. The Superior Court of Justice page lists family scheduling at 905-853-4823 and Newmarket.SCJ.TC@ontario.ca for short and long motions, case and settlement conferences, trial scheduling conferences, exit pre-trials and trials.

Which court hears your particular claim, and whether a Family Court branch is available, depends on what you are asking for and where you file. For example, a divorce requires that either spouse has been habitually resident in the province for at least one year. Confirm the right court and any current contact details with the court office or a lawyer before you file, because details can change.

Steps if you start a court case

• Prepare Form 8 (the application) and a Continuing Record.
• For a spousal support claim, include Form 13 for support claims only, or Form 13.1 if you also claim property, along with Form 13A (Certificate of Financial Disclosure) and financial disclosure documents.
• A clerk issues the application with a court file number.
• Have someone else aged 18 or older serve the respondent using special service, with a blank Form 10 (Answer), then file Form 6B (Affidavit of Service).
• Form 35.1 is needed only if you make parenting claims.

The respondent has 30 calendar days to file an Answer if they receive the application in Canada or the US, or 60 calendar days elsewhere. There is no fee to file at the Ontario Court of Justice, while the Superior Court of Justice and its Family Court branch may charge fees, and fee waivers are available.

Settling by agreement, and changing support later

Many people settle without a hearing. A separation agreement can set support without going to court, but it must be understood, based on complete and honest financial disclosure, and not signed under pressure, or a court may set it aside.

If circumstances change, Ontario.ca lists these triggers for reviewing support: changes in income, the recipient becoming self-sufficient, the recipient remarrying, and changes in child arrangements. To change support by consent, file a consent motion to change (Form 15C) with Form 13, 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. Only a court can change a support order, not the Family Responsibility Office (FRO).

Collecting support: the Family Responsibility Office

Court-ordered spousal support is automatically filed with FRO, which collects from the payor and pays the recipient. A separation agreement must first be filed with the court on Form 26B, then registered with FRO. To file an agreement with the court, use the Ontario Court of Justice or the Family Court branch.

FRO does not pay the recipient when a payment is missed. FRO enforcement tools include garnishment of bank accounts, federal tax refund deductions, licence suspensions, property liens and, at a default hearing, a judge can order payment plans or jail time of up to 180 days.

What to do next

• Decide whether you are married, separating or divorcing, or unmarried, since that determines the law that applies.
• Gather income records and a clear timeline of cohabitation and separation.
• Check the current contact details for the Newmarket Courthouse and confirm which court should hear your case.
• Consider whether a separation agreement is realistic, and make sure you have full financial disclosure first.
• Get legal advice before signing anything or filing, so the guideline estimate is tested against your actual facts.

Frequently asked questions