Contrary to what many believe, if you have a final support order, it is still possible to vary or change the terms of that order, providing you can show a material change in circumstances since the time the order was made.
In Ontario, the Child Support Guidelines provide the rules for addressing child support. According to section 14 of the Guidelines, any one of the following constitutes a change of circumstances that gives rise to the making of a variation order:
- In the case where the amount of child support includes a determination made in accordance with the table, any change in circumstances that would result in a different order for the support of a child or any provision thereof.
- In the case where the amount of child support does not include a determination made in accordance with a table, any change in the condition, means, needs or other circumstances of either parent or spouse or of any child who is entitled to support.
- In the case of an order made under the Divorce Act (Canada) before May 1, 1997, the coming into force of section 15.1 of that Act, enacted by section 2 of chapter 1 of the Statutes of Canada, (1997).
- In the case of an order made under the Act, the coming into force of subsection 33 (11) of the Act. Reg. 391/97, s. 14; O. Reg. 446/01, s. 3.
Most often, a significant change in the income, or the income earning capabilities of the payor can warrant the use of the above legislation to seek a change to the amount of child support payable. There are other factual scenarios such as when a child leaves the home to attend post secondary education, or when parties relocate, that may also warrant a change or variation to the terms of a child support order.
As every case in unique and will depend on the given facts of a scenario, it is always advisable to seek legal advice to determine the strengths and weakness of any position.
