When Income or Life Changes, Support Orders Can Too
In Ontario family law, child and spousal support orders are based on a person’s financial situation at the time the agreement or court order was made. But life doesn’t stand still — people lose jobs, find better-paying work, or enter new relationships. When these significant changes happen, your original support order might no longer be fair or realistic.
The good news? Ontario law allows you to request a modification (variation) of support when your circumstances have materially changed. However, this process isn’t automatic. You must prove the change and follow proper legal steps before payments can be adjusted.
- Legal Basis for Changing Support in Ontario
Under Ontario’s Family Law Act and the Divorce Act (for married couples), either party can apply to change a support order if there’s been a “material change in circumstances.”
A “material change” means something significant, long-term, and unforeseen when the original order was made, such as:
- Job loss or layoff
- Substantial income increase or decrease
- Illness or disability affecting earning ability
- The recipient spouse’s remarriage or new common-law relationship
- Major shifts in the children’s living arrangements
The change must be real and proven. Minor or temporary fluctuations in income usually aren’t enough.
- Modifying Child Support After an Income Change
Child support in Ontario is primarily calculated using the Federal Child Support Guidelines, which base payments on the payor’s gross annual income and number of children.
Job Loss or Income Reduction
If you lose your job or your hours are reduced, you may qualify for a reduction in support — but only if the change wasn’t your choice. Courts distinguish between involuntary job loss (such as layoffs) and voluntary income reduction (such as quitting or switching to a lower-paying job).
If the court believes you reduced your income to avoid paying support, it may impute income, meaning it will treat you as if you still earn your previous amount.
To show good faith, be ready to provide:
- Your Record of Employment (ROE) or termination letter
- Evidence of job-search efforts
- Proof of Employment Insurance (EI) income
- Updated financial statements
Income Increase
If your income rises significantly, the other parent can request a recalculation. Ontario’s Family Responsibility Office (FRO) and some courts now encourage parents to exchange income information annually to keep payments accurate.
Remarriage or New Partner
Remarriage by either parent typically does not affect child support, since support belongs to the child — not the parent. However, if living arrangements or parenting time change, that may justify an adjustment.
- Changing Spousal Support in Ontario
Spousal support (often called “alimony” in the U.S.) can also be varied if there’s a proven material change in either spouse’s situation.
When the Payor’s Income Changes
If your income drops because of job loss, illness, or retirement, you can request a reduction. Again, the change must be involuntary and significant. Courts expect you to take reasonable steps to find comparable employment.
When the Recipient’s Circumstances Change
If the recipient’s income rises substantially or they begin cohabiting or remarry, that can justify reducing or ending spousal support — particularly if the new relationship improves their financial situation. Some separation agreements in Ontario specifically state that support ends upon remarriage.
Documentation Needed
When applying to vary spousal support, gather:
- Current and previous pay stubs
- Tax returns (last three years)
- Proof of job loss or medical issues
- Any new marriage certificate or cohabitation proof
- The original court order or separation agreement
- How to Apply for a Support Variation in Ontario
You must bring a Motion to Change before the Ontario Court of Justice or Superior Court of Justice, depending on where your original order was made.
Steps include:
- Complete the forms: The main one is Form 15 – Motion to Change (available on the Ontario Court Forms website).
- Attach supporting documents: Updated financial statements, income proof, and evidence of the change.
- Serve and file: Serve the other party, then file your documents with the court clerk.
- Attend case conferences: The court may require a case conference before a full hearing.
- Wait for a court decision or agreement: If both parties consent, you can file a consent motion, which is faster and avoids a trial.
Until the court approves your variation, the old order remains enforceable, and you must continue paying support as ordered. The Family Responsibility Office (FRO) will keep collecting under the current order until officially changed.
- Common Scenarios & What to Do
Scenario A – Job loss (payer):
You’ve been laid off, and the income used to calculate support is gone or significantly reduced. You may ask to vary the support, but you’ll need to show it was involuntary, you’re actively seeking work, and your income reduction is not simply by choice. The court may reduce support if satisfied.
Scenario B – Income increase (payer):
If your salary increases substantially, the recipient can request a reconsideration of support based on your higher means. For child support, the table amount may go up.
Scenario C – Remarriage or new relationship (recipient spouse):
In child support, the recipient’s remarriage or the new partner’s status usually doesn’t reduce the child support obligation. The focus remains the child’s right to support.
In spousal support, remarriage of the recipient spouse may trigger a “change” event depending on the order/agreement; sometimes support ends upon remarriage if the contract so specifies.
- Practical Tips for Ontario Families
- Act quickly. Don’t wait until arrears pile up — changes aren’t retroactive unless you act promptly.
- Stay transparent. Exchange financial information annually to prevent disputes.
- Never stop payments without legal approval. Even if you lose your job, stopping payments unilaterally can lead to the enforcement or suspension of your driver’s licence by FRO.
- Seek mediation. You and your ex can agree to a new support amount through family mediation and file it with the court.
- Consult a family lawyer. Laws vary by situation, and a lawyer can help you calculate new support based on Ontario’s Child Support Guidelines and the Spousal Support Advisory Guidelines (SSAGs).
- The Bottom Line
In Ontario, both child and spousal support can be modified when life takes a turn — but the key is proving a material, lasting, and involuntary change. Whether you’re the payor struggling with job loss or the recipient facing a major income shift, the law provides mechanisms to restore fairness.
Act early, keep detailed records, and follow proper court procedures. With the right evidence and approach, Ontario’s family law system can adapt your support order to your new reality — ensuring it remains fair to everyone involved.
DISCLAIMER:
The information provided in this blog is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established through this writing. You should consult with a qualified attorney for advice tailored to your specific situation. The lawyer and their firm disclaim any liability arising from reliance on this blog or any other content on this website.