How do I change spousal support in my court order?
Question & AnswerHow do I change spousal support in my court order?
2. Agree to change your court order
If you and your partner can agree on changing your , you do not have go to court to have a judge make a decision for you. But you still need to documents with the court and get a new order based on your agreement. The court then makes a 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.
There is a guide on how to file documents.
You need to fill out:
- Form 15C: 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 you give information about your finances such as your income, living expenses, and and .
- Form 13A: Certificate of Financial Disclosure, where you list copies of all the documents that support the claims in your .
- 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 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 a copy of the judge's that sets out any other steps you or your partner have to take.
If you get a new order, the court sends the order, the Support Deduction Order Information Form, and the Support Deduction Order to the .