Navigating the legal intricacies of family law and child support in Ontario can be challenging. Changes in life circumstances often necessitate adjustments to existing child support orders. Whether it’s a significant income change, altered living arrangements, or a child reaching the age of majority ontario, there’s a need for accurate guidance on filing a motion to change child support.
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Understanding the Age of Majority in Ontario
In Ontario, the age of majority is 18. However, this does not automatically translate to the termination of child support. Support might continue if the child is still in school, has a disability or illness, or has other reasons that keep them dependent on their parents.
How long does child support last in Ontario?
Child support in Ontario is governed primarily by the federal Divorce Act and the provincial Family Law Act. Here’s a general overview of how long child support lasts in Ontario:
- Age of Majority
- Child support is typically payable until the child reaches the age of majority, which is 18 in Ontario;
- Beyond the Age of Majority
- Child support may continue after a child turns 18 if the child cannot be self-supporting due to illness or disability or is still in school. For instance, a child pursuing post-secondary education full-time might still be considered “a child of the marriage” under the Divorce Act or “a child” under the Family Law Act and, therefore, still eligible for support.
- Other Circumstances
- The specific circumstances of the child can influence the duration of child support. For example, if a child over the age of majority ontario is earning a significant income, that might impact the child support. Alternatively, child support might cease if a child under the majority is married or living independently.
- Agreements & Court Orders
- The duration of child support can be explicitly outlined in a separation agreement or court order. Parties can agree to specific terms that might differ from the standard, provided they’re in the child’s best interest and meet legal standards.
- Termination Events
- Specific events may be outlined in a court order or agreement that ends child support payments, such as the child completing a certain level of education or obtaining full-time employment.
It’s essential to consult with De Krupe Law legal professionals when seeking advice on child support in Ontario to get the most up-to-date information and personalized guidance tailored to one’s unique circumstances.
Steps to File a Motion to Change Child Support
#1. Evaluate the Need for Change
Before initiating the legal process, ensure the change is significant enough to warrant a motion. This could be a considerable change in the paying parent’s income, the child’s needs, or the child reaching the age of majority ontario and no longer being in full-time education.
#2. Acquire the Necessary Forms
Visit the Ontario Court Forms website to download the required forms for filing a motion to change child support. The principal forms include the ‘Motion to Change’ and the ‘Financial Statement’.
#3. Complete the Forms
Fill in the forms with accurate and up-to-date information. In the ‘Motion to Change’ form, clearly articulate the reasons for the requested change. The ‘Financial Statement’ should reflect your current financial status.
#4. Serve the Other Party
Once the forms are complete, they must be formally served to the other parent, ensuring they know the motion. You can do it through a process server, a friend, or registered mail. Remember to retain proof of service. Having an experienced real estate lawyer by your side is also a good idea. De Krupe Law professionals ensure all forms are gathered and filled correctly before sending them to necessary departments.
#5. File the Motion with the Court
After serving the other party, submit the forms to the court where you made the initial child support order. This will typically involve a fee unless you obtain a fee waiver. Read more about other fees and real estate property taxes in our blog.
#6. Prepare for the Court Hearing
Once you have filed the motion, the court will set a date for the hearing. Both parties will have the opportunity to present their case. It’s essential to gather all relevant documents, including evidence that supports the need for a change in child support.
#7. Attend the Court Hearing
On the set date, attend the hearing and present your case. Ensure you’re punctual and dressed appropriately. The judge will review the evidence and arguments from both parties before deciding.
#8. Seeking Legal Counsel
While the process outlined above offers a general overview, the nuances and complexities of family law necessitate expert guidance. At De Krupe Law, we specialize in assisting clients through such motions, ensuring that all aspects are meticulously addressed. Whether you’re concerned about the implications of the age of majority in Ontario, interested in Wills and Estate planning, or need assistance with the forms, our team is here to guide you through every step.
Final thoughts
Filing a motion to change child support in Ontario is a structured process that requires attention to detail and a comprehensive understanding of the prevailing laws. With the proper guidance and resources, you can navigate this journey effectively, safeguarding your child’s best interests and ensuring compliance with Ontario’s legal framework. Don’t hesitate to contact De Krupe Law for personalized assistance.