According to TMZ, Amanda Stanton and Josh Murray from "Bachelor in Paradise" have moved in together causing Amanda's household income to soar. As a result, Nick Buonfiglio, Amanda's ex-husband and 'baby daddy' is seeking an increase in child support for their two daughters.
In Ontario, a Court may vary child support under both the Divorce Act and the Family Law Act. However, in order to vary child support, there must be a change in circumstances within the meaning of s.14 of the Federal Child Support Guidelines.
Amanda shared her updated financial information with Nick after she moved in with her new fiancé, Josh. According to the disclosure, Amanda is making more than $13k a month from her fashion blog and social media and Josh’s monthly income is approximately $10k. As such, Nick may seek an increase in child support as Amanda's increased income constitutes a change in circumstances within the meaning of s. 14.
To initiate an increase in child support, Nick and Amanda must have a final order or agreement in place that deals with child support. Assuming this, Nick can commence a motion to change.
In Ontario, a motion to change may be commenced with consent or without consent. If Nick and Amanda agree to vary or terminate the support provisions of an agreement or final order, they would file a Motion to Change along with a Consent to Motion to Change Child Support. Once the necessary documents have been signed by both parties, a Judge may grant the Order.
In the event that Nick and Amanda do not agree to a variation of support, Nick must file a Motion to Change along with a Change Information Form. Once the documents have been issued, served on Amanda and filed with the court, Amanda has 30 days to respond by way of a Response to the Motion to Change.
Given that child support is based on income, Amanda is also required to serve and file a Financial Statement along with supporting financial disclosure, including Notices of Assessment and recent pay slips.
Following this, the parties appear in Court for a First Appearance Date. During the First Appearance, a Case Conference date is scheduled. Typically, at the Case Conference, a Judge or Dispute Resolution Officer will make an order regarding the parties' next steps if the parties are unable to consent. The steps include a timeline for exchanging Affidavits, timelines for questioning, and setting a date for a Settlement Conference and the Motion to Change.
In this case, Amanda is disputing the custody arrangement, which has a significant impact on child support. Therefore, it's unclear who would succeed if a motion to change were initiated.