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Changing Child Support in Ontario

Varying Support Based on a Change in Circumstances

Once a final support order has been made by the courts, it is possible to vary that order if there has been a change in circumstances.

Section 14 of the Child Support Guidelines indicates that a variation order can be made if there has been any change in circumstances that would result in a different child support order. The most common change is to the payor parent’s income, which will result in the amount of support being adjusted to the Table amount applicable for that new income.

Other changes in circumstances include a move by the custodial parent that has increased the cost of the other parent’s parenting time with the child, or if the child has withdrawn from parental control, finished a post-secondary degree, or begun spending 40% or more time with the support-paying parent.

Remarriage, New Employment & Child Support Variations

Generally, changes in the recipient spouse’s living conditions, such as remarriage or new employment, will not result in a change in the Table amount of child support. This is because the payor’s obligation is to the child directly: children have a right to benefit from their parents’ financial means. The circumstances of another parent do not affect that right. However, if the recipient spouse’s income increases, this may affect the apportioning of the section 7 expenses, which are divided in proportion with the parents’ incomes.

Even if the spouse receiving the child support moves in with a new partner who is willing and able to support the children, courts in Ontario have held that the support payor remains obligated to pay support for the children.

If the spouses have an agreement in place that specifies an amount of support, and that amount is not in accordance with the Guidelines, either spouse can apply to vary the amount. The court may then make an order for support that mirrors the Guidelines, regardless of what the parties previously agreed to.

Contact an Ontario child support lawyer at (905) 581-7222 to learn more about variations and how Feldstein Family Law Group P.C. can help.

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    Andrew Feldstein

    Founder

    Andrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.

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    Jeff Hart

    Lawyer

    Jeff obtained his Honours Bachelor of Arts degree in Classical Studies from McMaster University before attending law school at Queen’s.
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    Daphna Schwartz

    Lawyer

    Location: Markham Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously ...
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    Nick Slinko

    Lawyer

    Location: Vaughan Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and ...
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    Anna Troitschanski

    Lawyer

    Anna Troitschanski joined the team at Feldstein Family Law Group, P.C. in 2012. Prior to that, she practised Family Law at a boutique Newmarket firm. Her experience covers all areas of divorce and family law, including custody and access, child support, spousal support, and division of property.
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    Veronica Yeung

    Lawyer

    Veronica Yeung joined the Feldstein Family Law Group, P.C. as a summer student in 2014 and returned as an articling student in 2015. Following her call to the Ontario Bar in June 2016, Veronica was welcomed to the team as an associate lawyer.
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    Shana Gordon-Katz

    Lawyer

    Shana joined Feldstein Family Law Group P.C. as an articling student in 2017. Following her call to the Ontario Bar in June 2018, Shana was welcomed back to the firm as an associate. While completing her articles, Shana assisted with legal matters covering all areas of family law.

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    Rachel Zweig

    Lawyer

    Rachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. ...
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    Quinn Held

    Associate Lawyer

    Quinn spent two years as a Summer Student and then completed her Articling term at a boutique Family Law firm in Orangeville, ...
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    Lauren Harvey

    Associate Lawyer

    Lauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. ...
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