Can You Modify Child Support Payments?

Life changes—jobs come and go, expenses rise, and sometimes, the amount of child support you’re paying (or receiving) no longer feels fair or realistic. The good news? Yes, child support payments can be modified, but it’s not as simple as just deciding on a new number.

Let’s break down when, why, and how child support can be changed in Ontario so you know exactly what steps to take.

‍

When Can Child Support Be Changed?

Child support isn’t set in stone. It’s based on financial situations that can shift over time. The law allows for modifications when there’s been a "material change in circumstances"—meaning something significant has changed since the original order or agreement.

Here are some common reasons you may be able to modify child support:

‍

1. A Significant Change in Income

• If the paying parent loses a job, takes a pay cut, or becomes unable to work due to illness, they may be able to reduce their payments.
• If the paying parent gets a big promotion, raise, or new job with a higher salary, the receiving parent may request an increase in support.

‍

2. Change in Parenting Time (Custody Arrangement)

• If the child starts living with the other parent more often, child support may need to be adjusted to reflect the new arrangement.
• If custody becomes 50/50, the support amount may be recalculated based on both parents’ incomes (this is called "offset" child support).

‍

3. The Child’s Needs Have Changed

• If the child develops new medical, educational, or extracurricular expenses, support payments may need to increase.
• If the child becomes financially independent (e.g., starts full-time work), payments might no longer be necessary.

‍

4. The Child Has Reached the Age of Majority

• In Ontario, child support usually ends at 18 but can continue if the child is still dependent (e.g., attending post-secondary school or has a disability).
• If support is no longer required, the paying parent can request to terminate payments.

‍

5. Cost of Living & Special Expenses

• Sometimes, inflation, cost of living, or new extraordinary expenses (like private school or therapy) may justify an increase in child support.

‍

How to Modify Child Support in Ontario

If you believe child support needs to be changed, here’s what you can do:

‍

1. Talk to the Other Parent First (If Possible)

If you and your ex communicate well, try to discuss the situation and come to an agreement. If you both agree on the change, you can formalize it with a new child support agreement or apply for a consent order through the court.

‍

2. Check the Child Support Guidelines

Child support in Ontario is calculated using Federal Child Support Guidelines based on income and number of children. You can check the official Child Support Table Look-up tool here.

If your income has changed significantly, use the tool to see if your payments should be adjusted.

‍

3. Apply for a Child Support Modification

If the other parent doesn’t agree to a change, you’ll need to formally request a modification through the courts or the Ontario Family Responsibility Office (FRO) if they’re handling your payments.

There are two ways to do this:

‍

A) File a Motion to Change in Court

If child support was ordered by a court, you’ll need to file a Motion to Change with the Ontario Superior Court of Justice or Family Court. A judge will review the situation and decide if the modification is fair.

‍

B) Use the Child Support Recalculation Service (If Eligible)

If your original order allows it, you may be able to adjust child support without going to court through Ontario’s Child Support Service (CSS). This service automatically recalculates child support based on updated income tax returns.

‍

What If the Paying Parent Stops Paying?

If the paying parent loses their job or struggles financially, they can’t just stop paying—they must apply for a modification.

If payments stop without a court-approved modification, the Ontario Family Responsibility Office (FRO) can take enforcement actions, including:

• Wage garnishment (taking money directly from paychecks)
• Seizing tax refunds or bank accounts
• Suspending driver’s licenses or passports

It’s always better to formally adjust child support instead of ignoring payments and risking enforcement actions.

‍

Key Takeaways

✔ Yes, child support can be modified, but only if there’s been a significant change in financial or parenting circumstances.
✔ The best approach is to agree on changes with the other parent if possible.
✔ If there’s no agreement, you may need to apply for a court order or use the Child Support Recalculation Service.
✔ If you’re struggling to make payments, don’t stop paying—apply for a modification before enforcement steps are taken.

‍

If you’re unsure whether you qualify for a child support modification or need help filing for a change, I can help. Book a free consultation today, and let’s figure out the best path forward for you and your child.

‍