4. Go to court to change support
Question & AnswerHow do I change child support in my separation agreement?
If you and your partner still cannot agree on changing your on even with the help of a family law professional, or if this is not the right option for you, you can go to court.
Going to court can be a complicated process and it can take a lot of time. It can be stressful and expensive, but it is sometimes necessary to decide your issues. This family law court process flowchart explains each step in a family law court case.
First you need to your separation agreement with the court so that it has a copy of your agreement.
To file your separation agreement:
- Attach your most current separation agreement to a Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement.
- Take it to the courthouse. You can file your agreement only at the Ontario Court of Justice or the Family Court branch of the Superior Court of Justice. You cannot file your agreement at other locations of the Superior Court of Justice.
Family Law Guided Pathways: Form 26B
Fill out court form to file your domestic contract for enforcement
You can also now file most family law forms and documents for a family court case online, including a separation agreement for the court to enforce. 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.
Next, you ask a judge to change child support by bringing a motion to change. A is the name of the court process used to ask a judge to make changes to support.
You can talk to a lawyer who can explain your responsibilities under the existing separation agreement. A lawyer can also tell you if facts exist that may convince a judge that the agreement should be changed.
If you can't afford to hire a lawyer for your whole case, some lawyers provide “unbundled” or “limited scope” services. This means you pay them to help you with part of your case.
If you can't afford to hire a lawyer at all, you may be able to find legal help in other places.