How do I bring a motion to change spousal support?
Question & AnswerHow do I bring a motion to change spousal support?
4. Get your partner’s response
You partner has 30 days (or 60 days if they live outside of Canada or the United States) to fill out, , and their response. If they don't respond, the court may make an order based on your documents alone.
Your partner agrees with you
They fill out a Form 15C: Consent Motion to Change.
To get a , you need to fill out and file with the court:
- Form 15C: Consent Motion to Change, which sets out the new terms you and your partner agree to. You and your partner have to sign the form in front of a witness. You cannot each other's signatures. Attach a copy of your existing order or agreement.
The form must also be signed by the assignee, if any. The assignee is the social service agency, such as Ontario Works or the Ontario Disability Support Program, that is receiving support payments because the person receiving support is on social assistance.
- Form 14B: Motion Form, that says “I am asking the court to make an order in accordance with the Form 15C, dated ______, which is filed with the court along with this motion form”.
- Form 25: Draft Order, where you write the orders you want the court to make. Be specific about which terms of the existing order you're asking to change.
- 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.
You may each have to fill out a Form 13: Financial Statement and Form 13A: Certificate of Financial Disclosure unless you both agree not to. But, you and your partner may need to provide proof of income in some circumstances.
You can now file most family law forms and supporting documents online, including a motion to change. For more information on how to file online, read the question How do I file court forms for my family law case online?
If you can't use the online service or if you don't want to file your forms or documents online, you can file them in person at the court.
The gives your forms to a judge to sign the consent order. In most cases, you do not have to see a judge unless they need more information.
Your partner does not agree with you
They fill out:
- Form 15B: Response to Motion to Change, where they tell the court why they don't agree with you or ask the court to make additional or different changes.
- Form 13: Financial Statement, that gives the court information about their finances such as the amount of their income, living expenses, and and .
- Form 13A: Certificate of Financial Disclosure, where they list all the documents that prove what they said in their .
- Updated table of contents, that lists the documents they are adding to the continuing record.