5. Go to court to change support

How do I change spousal support in my separation agreement?
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5. Go to court to change support

If you and your partner still cannot agree on changing your separation agreement on spousal support 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 file your separation agreement with the court so it has a copy of your agreement.

To file your separation agreement:

  1. Attach your most current separation agreement to a Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement.
  2. 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.

Next, you ask a judge to change spousal support by bringing a motion to change. A motion to change 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.

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Ontario Court Forms
Reviewed: November 30, 2017

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