If you and your partner can agree on changing your child support order, you do not have go to court to have a judge make a decision for you. But you still need to file documents with the court and get a new order based on your agreement. The court then makes a consent order based on your agreement.
You can also now file most family law forms and documents for a family court case online, including a consent order. For more information, read the question How do I file court forms for my family law case online? If you're not allowed to, or don't want to file your documents online, then you have to file them in person at the courthouse.
If you file in-person, take your completed documents at the same level of court that made your court order. So, if the Superior Court of Justice made the order, you must go back to a Superior Court of Justice in the jurisdiction that your child currently lives to change it.
There is a guide on how to file documents.
You need to fill out:
- Form 15D: Consent motion to change, which sets out the new terms you and your partner agree to. It must be signed by both of you and by the assignee, if a social assistance agency is receiving or is owed the support payments. You each need to sign the consent form in front of a witness. You cannot witness each other's signatures. Attach a copy of your existing order.
- Form 25: Order, where you list the orders you want. Be specific about which terms of the existing order you're asking to change.
- Form 13: Financial Statement, where the parent paying support gives information about your finances such as your income, living expenses, and assets and debts. The parent receiving support may also have to fill out a financial statement if special or extraordinary expenses are being divided.
- Form 13A: Certificate of Financial Disclosure, where the parent paying support lists all the documents that prove what they said in their financial statement.
- Support Deduction Order Information Form.
- Support Deduction Order.
- 2 self-addressed, stamped envelopes, one for each of you if you want your order mailed to you. Otherwise you can pick it up from the court or have it faxed to you.
You can get family law court forms from the courthouse or online. They are available in French and English.
Get your order
The court clerk gives your documents to a judge to review and make an order. You usually don't need to see the judge because you and your partner are agreeing to the changes.
But, if the judge has questions for you or your partner, the court clerk will contact you with a court date or give you with a copy of the judge's endorsement that sets out any other steps you or your partner have to take.
If you get a new child support order, the court sends the order, the Support Deduction Order Information Form, and the Support Deduction Order to the Family Responsibility Office.